AGENDA SUTTER COUNTY BOARD OF EDUCATION Wednesday, November 12, 2014 Regular Meeting – 5:30 p.m. Sutter County Superintendent of Schools Office Board Room 970 Klamath Lane, Yuba City, CA A full Board packet is available for review at the Sutter County Superintendent of Schools Office Reception Desk, 970 Klamath Lane, Yuba City, CA (8:00 a.m. – 5:00 p.m., Monday through Friday – excluding legal holidays) and the Sutter County Superintendent of Schools’ website at www.sutter.k12.ca.us. Members of the public wishing to address the Board on specific agenda items, or any item of interest that is within the subject matter jurisdiction of the Board, will be given an opportunity to do so. At the discretion of the Board president, time limits may be imposed upon such presentations. No action may be taken on items not appearing on the posted agenda. 5:30 p.m. 1.0 Call to Order 2.0 Pledge of Allegiance 3.0 Roll Call of Members: June McJunkin, President Victoria Lachance, Vice President Karm Bains, Member Jim Richmond, Member Vacant (Trustee Area 1) 4.0 Recognition of Visitors 5.0 Items of Public Interest to Come to the Attention of the Board Members of the public are given an opportunity to address the Board regarding items not listed on the agenda. No action will be taken. 6.0 Approve Minutes of the October 8, 2014, Regular Meeting of the Sutter County Board of Education – [ACTION ITEM] The minutes of the October 8, 2014, regular meeting of the Sutter County Board of Education are presented for approval. 7.0 Approve Minutes of the October 14, 2014, Special Meeting of the Sutter County Board of Education – [ACTION ITEM] The minutes of the October 14, 2014, special meeting of the Sutter County Board of Education are presented for approval. Sutter County Board of Education Agenda Page 2 of 3 November 12, 2014 8.0 Interview Candidates – Sutter County Board of Education The candidates who have submitted a complete application to fill the vacancy from Trustee Area 1 created by the resignation of Rob Klotz and resulting in insufficient candidates for the November 4, 2014 Election, will be given time to answer questions and provide pertinent background information to the Board. 9.0 Approve Provisional Appointment to the Sutter County Board of Education – [ACTION ITEM] After voting and electing a provisional appointee, the Board of Education will approve the appointment. 10.0 Tri-County Regional Occupational Program (ROP) Annual Report to the Board – Randy Page The Tri-County ROP Director will highlight the Tri-County ROP’s 2013-2014 school year, review the status of programs offered, and discuss future goals. 11.0 Quarterly Report on Williams/Valenzuela Uniform Complaints (August – October 2014) – Bill Cornelius Education Code 35186 requires the county superintendent to report on the number and nature of complaints. 12.0 Second Reading – BP/AR 0460 – Local Control Accountability Plan (LCAP) – Bill Cornelius – [ACTION ITEM] A second reading of BP/AR 0460 – Local Control Accountability Plan (LCAP) will be presented to the Board for adoption. 13.0 First Reading – Board Policies – Bill Cornelius The following Board Policies are being presented for their first reading: BP 3100 – Budget AR 3100 – Budget BP 3311 – Bids AR 3311 – Bids BB 9222 – Board Resignation Sutter County Board of Education Agenda Page 3 of 3 November 12, 2014 14.0 Quarterly Surplus Report – October 3, 2014 – Gail Atwood In accordance with Board Policy 3270, the County Superintendent of Schools prepares and presents a quarterly report to the Board of items under $25,000 in value that are being declared surplus. 15.0 Community/Staff/Student Recognition 15.1 Donations 16.0 Business Services Report 16.1 Monthly Financial Report – October 2014 16.2 Sutter County Investment Statement (September 2014) 17.0 Items from the Superintendent/Board 17.1 Shady Creek Update 17.2 Review Draft Calendar of meeting dates and times for the 2015 Sutter County Board of Education meetings. 17.3 Board Reorganization Meeting – December 10, 2014 17.4 PIVOT Principal Instruction 17.5 Legislative Update 17.6 Leadership Blueprint Update 18.0 Adjournment Meeting facilities are accessible to persons with disabilities. By request, alternative agenda document formats are available to persons with disabilities. To arrange an alternative agenda document format or to arrange aid or services to modify or accommodate persons with a disability to participate in a public meeting, please provide a written request to: Bill Cornelius, Superintendent, Sutter County Superintendent of Schools Office, 970 Klamath Lane, Yuba City, CA 95993, at least three working days prior to any public meeting. Agenda Item No. 6.0 BOARD AGENDA ITEM: Approve Minutes of the October 8, 2014 Regular Meeting of the Sutter County Board of Education BOARD MEETING DATE: AGENDA ITEM SUBMITTED FOR: X Action Reports/Presentation Information Public Hearing Other (specify) November 12, 2014 PREPARED BY: Cindy Stassi SUBMITTED BY: Bill Cornelius PRESENTING TO BOARD: Bill Cornelius BACKGROUND AND SUMMARY INFORMATION: The minutes of the October 8, 2014, regular meeting of the Sutter County Board of Education are presented for approval. Please include 18 copies of any background material you wish included in the packet. Unadopted SUTTER COUNTY BOARD OF EDUCATION MINUTES Regular Meeting October 8, 2014 1.0 CALL TO ORDER A regular meeting of the Sutter County Board of Education was called to order by President, June McJunkin, 5:32 p.m., October 8, 2014, at the Sutter County Superintendent of Schools Office, 970 Klamath Lane, Yuba City, California. 2.0 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Victoria Lachance. 3.0 ROLL CALL OF MEMBERS June McJunkin, President – Present Victoria Lachance, Vice President – Present Karm Bains, Member – Present Jim Richmond, Member – Present Trustee Area 1 – Vacant Bill Cornelius, Ex-officio Secretary – Present Staff Members Present: Gail Atwood, Karen Bowen, Barbara Henderson, and Cindy Stassi 4.0 RECOGNITION OF VISITORS The Board recognized the candidate interviewing for the vacancy in Trustee Area 1. 5.0 ITEMS OF PUBLIC INTEREST TO COME TO THE ATTENTION OF THE BOARD None. 6.0 INTERVIEW CANDIDATE – SUTTER COUNTY BOARD OF EDUCATION At the end of the filing period for the vacancy in Trustee Area 1 created by the resignation of Rob Klotz and the subsequent result in insufficient candidate(s) applying for the vacancy, one complete application was submitted. The applicant was introduced to the Board and spoke about his interest in serving on the Board and his knowledge of duties of the board. 7.0 APPROVE PROVISIONAL APPOINTMENT TO THE SUTTER COUNTY BOARD OF EDUCATION A motion was made to appoint Paul Basi to fill the vacancy in Trustee Area 1 created by the resignation of Rob Klotz and the subsequent result in insufficient candidate(s) applying for the vacancy. The provisional appointment is to be effective December 10, 2014. MOTION: ACTION: AYES: NOES: ABSENT: ABSTAIN: 8.0 Victoria Lachance SECONDED: Karm Bains Motion Carried 4 (Bains, Lachance, McJunkin, and Richmond) 0 0 0 ADMINISTER THE OATH OF OFFICE TO THE PROVISIONAL APPOINTEE Sutter County Board of Education Minutes: October 8, 2014 Page 2 of 4 The Board determined that the oath of office would be administered at the Reorganization Meeting to be held December 10, 2014, the same day as those who are elected. 9.0 APPROVE MINUTES OF THE SEPTEMBER 10, 2014, SUTTER COUNTY BOARD OF EDUCATION REGULAR MEETING A motion was made to approve the minutes of the September 10, 2014, Sutter County Board of Education Regular Meeting with a correction to item 20.1 “Sutter County Superintendent of Schools’ goal is to start setting aside funds to pay down the Shady Creek loan when permitted”. MOTION: ACTION: AYES: NOES: ABSENT: ABSTAIN: Karm Bains SECONDED: Victoria Lachance Motion Carried 4 (Bains, Lachance, McJunkin, and Richmond) 0 0 0 10.0 REPORT ON WILLIAMS COMPLIANCE VISITATIONS ON SEPTEMBER 2 AND 4, 2014 Bill Cornelius reported there were no findings to report for Luther Elementary School (September 4, 2014), Bridge Street Elementary School (September 2, 2014), and King Avenue Elementary School (September 4, 2014) during the Williams Compliance visits. These schools are in Deciles 1-3 from the 2009 cohort and are designated for review according to the Williams Settlement. 11.0 FIRST READING – BOARD POLICIES The following Board Policies were presented for their first reading: BP 0460 – Local Control Accountability Plan (LCAP) AR 0460 – Local Control Accountability Plan (LCAP) The Board recommended a correction to AR 0460 – Local Control Accountability Plan (page 6, item #3. The above policies will be recommended for a second reading and approval at the November 12, 2014, Sutter County Board of Education meeting. 12.0 2013-2014 LEAP END-OF-YEAR EVIDENCE OF PROGRESS Karen Bowen reported on the 2013- 2014 end-of-year evidence of progress for Feather River Academy. The report included the following: • A summary description of the LEA’s progress towards implementation of the strategies and actions in the LEA Plan • An analysis of the LEA’s progress towards student achievement goals in the LEA Plan based on local assessment data Bill Cornelius noted the following in the report: • Targeted graduation rate was met with 79.17% Sutter County Board of Education Minutes: October 8, 2014 Page 3 of 4 • 13.0 Additional support has been added to assist with increasing attendance ADOPT RESOLUTION NO. 14-15-IV – ADULT EDUCATION COURSE OFFERINGS FOR 2014-2015 SCHOOL YEAR Karen Bowen reported there were no new classes added for the 2014-2015 school year. A motion was made to adopt Resolution No. 14-15-IV – Adult Education Course Offerings for 2014-2015 School Year. MOTION: ACTION: AYES: NOES: ABSENT: ABSTAIN: 14.0 Victoria Lachance SECONDED: Jim Richmond Motion Carried 4 (Bains, Lachance, McJunkin, and Richmond) 0 0 0 ADOPT RESOLUTION 14-15-V – GANN LIMIT RESOLUTION Barbara Henderson presented Resolution No. 14-15-V for Board approval to certify the appropriations in the adopted budget do not exceed the limitations imposed by Article XIIIB of the California Constitution, commonly known as the GANN Amendment. A motion was made to adopt Resolution No. 14-15-V – GANN Limit Resolution. MOTION: ACTION: AYES: NOES: ABSENT: ABSTAIN: Jim Richmond SECONDED: Karm Bains Motion Carried 4 (Bains, Lachance, McJunkin, and Richmond) 0 0 0 15.0 PRESENTATION OF THE SUTTER COUNTY SUPERINTENDENT OF SCHOOLS 20132014 UNAUDITED ACTUALS FINANCIAL REPORT Barbara Henderson reviewed the 2013-2014 Unaudited Actuals Financial Report with Board members. It was noted on the Summary Report of Revenues, Expenditures, and Changes in Fund Balance (Unrestricted and Restricted Combined) Unaudited Actuals (page 5), $1,000,000 was set aside in fund 17 to start paying down the COPS loan for Shady Creek when permitted. 16.0 BUSINESS SERVICES REPORT 16.1 Monthly Financial Report – September 2014 Barbara Henderson reviewed the Summary Report of Revenues, Expenditures and Changes in Fund Balances for the month of September 2014 with Board members. A transfer out of $1,000,000 to fund 17 was noted to pay down the COPS loan for Shady Creek when permitted. 16.2 Sutter County Investment Statement – August 2014 Sutter County Board of Education Minutes: October 8, 2014 Page 4 of 4 Gail Atwood reported the average yield on the August 31, 2014 Sutter County Investment Portfolio was 1.19%. 17.0 COMMUNITY/STAFF/STUDENT RECOGNITION 17.1 Donations – September 2014 Gail Atwood reported there was $5,236.59 in donations for the month of September 2014. Donations to date for 2014-2015 total $5,775.41. 18.0 BIENNIAL REVIEW OF THE CONFLICT OF INTEREST CODE Board members reviewed the Conflict of Interest Code as required by law. There were no amendments to designate new positions and/or title changes submitted to the Board of Supervisors. 19.0 RECONVENE BOARD COMMITTEE TO REVIEW SUPERINTENDENT’S SALARY Gail Atwood recommended the Board Committee appointed September 11, 2013 reconvene to review the Superintendent’s salary for 2014-2015. 20.0 ITEMS FROM THE SUPERINTENDENT/BOARD 20.1 Shady Creek Update Bill Cornelius reported with the recent fires near Shady Creek Outdoor School, the staff at Shady Creek did an outstanding job of readjusting outside activities for the students. 20.2 21.0 Legislative Update Bill Cornelius reported he participated in a “Round Table” question and answer time with Dan Logue and John Garamendi. He was able to ask a few questions centering on federal cuts (sequestration) and funding of Special Education. ADJOURNMENT A motion was made to adjourn the meeting at 6:40 p.m. MOTION: ACTION: AYES: NOES: ABSENT: ABSTAIN: Karm Bains SECONDED: Victoria Lachance Motion Carried 4 (Bains, Lachance, McJunkin, and Richmond) 0 0 0 Agenda Item No. 7.0 BOARD AGENDA ITEM: Approve Minutes of the October 14, 2014 Special Meeting of the Sutter County Board of Education BOARD MEETING DATE: AGENDA ITEM SUBMITTED FOR: X Action Reports/Presentation Information Public Hearing Other (specify) November 12, 2014 PREPARED BY: Cindy Stassi SUBMITTED BY: Bill Cornelius PRESENTING TO BOARD: Bill Cornelius BACKGROUND AND SUMMARY INFORMATION: The minutes of the October 14, 2014, special meeting of the Sutter County Board of Education are presented for approval. Please include 18 copies of any background material you wish included in the packet. Unadopted SUTTER COUNTY BOARD OF EDUCATION MINUTES Special Meeting October 14, 2014 1.0 CALL TO ORDER A special meeting of the Sutter County Board of Education was called to order by President, June McJunkin, 5:30 p.m., October 14, 2014, at the Sutter County Superintendent of Schools Office, 970 Klamath Lane, Yuba City, California. 2.0 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by June McJunkin. 3.0 ROLL CALL OF MEMBERS June McJunkin, President – Present Victoria Lachance, Vice President – Present Karm Bains, Member – Present Jim Richmond, Member – Present Trustee Area 1 – Vacant Bill Cornelius, Ex-officio Secretary – Absent Staff Members Present: Gail Atwood and Cindy Stassi. 4.0 RECOGNITION OF VISITORS None. 5.0 ITEMS OF PUBLIC INTEREST TO COME TO THE ATTENTION OF THE BOARD None. 6.0 RESCIND PROVISIONAL APPOINTMENT TO THE SUTTER COUNTY BOARD OF EDUCATION The vacancy for the Sutter County Board of Education Trustee Area 1 will be reopened to the public due to the candidate not meeting the qualification of residing in Trustee Area 1 when appointed October 8, 2014. A notice will be placed in the Appeal Democrat, Sutter County Superintendent of Schools website, Live Oak Unified School District, Yuba City Unified School District, and the Sutter County Superintendent of Schools office. A motion was made to rescind the provisional appointment made at the Sutter County Board of Education regular meeting held October 8, 2014, due to the candidate not meeting the qualification of residing in Trustee Area 1. MOTION: ACTION: AYES: NOES: ABSENT: ABSTAIN: Karm Bains SECONDED: Victoria Lachance Motion Carried 4 (Bains, Lachance, McJunkin, and Richmond) 0 0 0 Sutter County Board of Education Minutes: October 14, 2014 Page 2 of 2 7.0 ADJOURNMENT A motion was made to adjourn the special meeting at 5:32 p.m. MOTION: ACTION: AYES: NOES: ABSENT: ABSTAIN: Karm Bains SECONDED: Victoria Lachance Motion Carried 4 (Bains, Lachance, McJunkin, and Richmond) 0 0 0 Agenda Item No. 8.0 BOARD AGENDA ITEM: Interview Candidates – Sutter County Board of Education BOARD MEETING DATE: November 12, 2014 AGENDA ITEM SUBMITTED FOR: x Action PREPARED BY: Cindy Stassi SUBMITTED BY: Reports/Presentation _Bill Cornelius_____________________ Information PRESENTING TO BOARD: Public Hearing _Bill Cornelius____________________ Other – CLOSED SESSION BACKGROUND AND SUMMARY INFORMATION: The candidates who have submitted a complete application to fill the vacancy from Trustee Area 1 created by the resignation of Rob Klotz and resulting in insufficient candidates for the November 4, 2014 Election, will be given time to answer questions and provide pertinent background information to the board. Joanna Alvarado Thomas Burns Debra Gaylord Geraldine (Jerrie) Libby Please include 18 copies of any background material you wish included in the packet. Agenda Item No. 9.0 BOARD AGENDA ITEM: Make Provisional Appointment to the Sutter County Board of Education BOARD MEETING DATE: November 12, 2014 AGENDA ITEM SUBMITTED FOR: PREPARED BY: X Cindy Stassi SUBMITTED BY: Action Reports/Presentation _Bill Cornelius_____________________ Information PRESENTING TO BOARD: Public Hearing Bill Cornelius_____________________ Other – CLOSED SESSION BACKGROUND AND SUMMARY INFORMATION: After voting and electing a provisional appointee, the Sutter County Board of Education will approve the appointment. Please include 18 copies of any background material you wish included in the packet. Agenda Item No. 10.0 BOARD AGENDA ITEM: Tri-County Regional Occupational Program Annual Report BOARD MEETING DATE November 12, 2014 AGENDA ITEM SUBMITTED FOR: PREPARED BY: _ Action Randy Page, Reports/Presentation SUBMITTED BY: Randy Page _X___ Information _ Public Hearing __ Other (specify) PRESENTING TO BOARD Randy Page BACKGROUND AND SUMMARY INFORMATION: The Director of the Tri-County Regional Occupational Program (ROP) will present to the board, the annual report of the activities of the Tri-County ROP during the 2013-2014 school year. The board report highlights program accomplishments, status of prior year goals, goals for the current year, and concluding remarks. Please include 18 copies of any background material you wish included in the packet. TRI-COUNTY REGIONAL OCCUPATIONAL PROGRAM ANNUAL REPORT TO THE SUTTER COUNTY BOARD OF EDUCATION July 1, 2013-June 30, 2014 PRESENTED November 12, 2014 OVERVIEW During the 2013-2014 school year, the Tri-County Regional Occupational Program completed its 44th year of providing high quality Career Technical Education to secondary and adult students in Colusa, Sutter, and Yuba Counties. With the over-site provided by the administration of TriCounty ROP in partnership with our member high schools, secondary students and adults were provided with Career Technical training at 12 comprehensive high schools, one county operated charter school, and adult training centers in each of the three counties. Many courses offered to secondary students are articulated with local/regional community colleges, are offered for advanced placement standing (A-G) in the University of California system, or provide opportunities for students to obtain industry based certification leading directly to employment after graduation. Adult learners receive certification and licensure in some courses that allow for immediate employment and opportunities for incumbent workers to improve their skills to obtain higher paying jobs. Sites that provide ROP training include: Secondary Colusa Unified School District Colusa HS Pierce Unified School District Pierce HS East Nicolaus High School District East Nicolaus HS Sutter Union High School District Sutter Union HS Live Oak Unified School District Live Oak HS Wheatland High School District Wheatland Union HS Marysville Joint Unified School District Lindhurst HS Marysville HS Williams Unified School District Williams HS Maxwell Unified School District Maxwell HS Yuba City Unified School District River Valley HS Yuba City HS Yuba County Office of Education Career Preparatory Charter School Adult Programs Colusa County Office of Education Colusa Community Learning Center (Adults) Sutter County Supt of Schools Sutter One Stop (Adults) Yuba County Office of Education Yuba County One Stop (Adults) Student enrollments for the year totaled 5,102 (duplicated count) down slightly from 5,165 enrollments in 2012-2013. NEW COURSE APPROVALS/ PROGRAM ACCOMPLISHMENTS There were three new ROP courses approved during the 2013-2014 including Composition/Digital Photography at two sites, Video Game Design, and Advanced Floral Design. <NewTEK Corporation continues to work with instructor ROP instructor Doug Ahlers at Sutter High School to provide 3-D related equipment and software. <ROP Teachers finished a second year assessment program offered by Tri-County ROP called Career Technical Education Data Driven Instruction (CTEDDI). It is a unique assessment tool in the state in measuring skill acquisition by CTE students. CTEDDI also provides National Occupational Competency Testing Institute (NOCTI) testing which gives the students an opportunity to obtain nationally recognized industry based certification in the career field tested. 29 students received national accreditation by NOCTI; 12 in Natural Resources, 16 in Culinary, and our first student in Welding. <Yuba County Office of Education’s Career Preparatory Charter School held its 4th annual Car Show and barbeque to raise funds for the automotive program. Funding raised was used to purchase equipment for the Charter’s auto technology program. <The Career Preparatory Charter School successfully completed its first evening auto program on a fee for service basis. High school and adults students can attain ASE certifications taking courses at night. The program also allows incumbent workers to receive specialized training leading to high wages. < ROP Director, Randy Page, was elected State President of the California Association of Regional Occupational Centers and Programs (CAROCP. Eric Pomeroy, Coordinator of Adult Services continues to serve as the Northern Region Coordinator of CAROCP. <ROP Director, Randy Page, was appointed as the Association of California School Administrators (ACSA), Region 2 CTE Council chair person. <Tri-County ROP completed a school by school inventory of ROP equipment at all sites. Tammy Branaman, Program Operations Specialist, conducted the audit. This audit had not been performed in some time and produced great results in bring inventory up to date. <A 3 Tiered, Career Ready Certification Program has been approved by the local WIB and with some refinement will be integrated into local high school programs. <While unsuccessful, the Tri-County ROP team spent three months working with Yolo Office of Education, business, Yuba Community College and other stakeholders in attempting to secure a robust STEM integrated Career Pathways Trust Grant call STREAM. These are just some of the wonderful programs and success stories made possible by the outstanding teachers, counselors, staff, and school administrators of the Tri-County ROP. The following individuals were recognized for their excellence last year. ROP Teacher of the Year- Lori Niesen, Maxwell High School ROP Teacher of the Year- Doug Criddle, Yuba County Office of Education ROP Student of the Year- Sam Dekens, Live Oak High School ROP Staff Person of the Year- Erika Rivera, Live Oak High School ROP Business Partner of the Year- Dr. Larry Ozeran ROP Counselor of the Year- Tracey Blake STATUS OF PROGRAM GOALS SET FOR 2013-2014 • • • • • • • • Tri-County ROP assisted the Sutter County One Stop in establishing an education platform that provides quality Career Technical Education courses that are affordable and lead to employment. This included work in developing new course curriculum that is labor market driven and provides sustainable sources of revenue for programs. This process is ongoing. Worked with North state ROPs, districts, county offices, Workforce Investment Boards and businesses to create the STREAM Grant Partnership. Though the grant funding was not approved the formation of these partnerships place us in a position to re-apply for six or million dollars of grant funding in the second round of the Career Pathways Trust Grant Program. Provided a series of trainings for ROP and district CTE teachers so that they can incorporate new State CTE Standards into their core classroom curricula so by the end of the 13-14 school-year. We continued to schedule speaking engagements at local service clubs and other community organizations, disseminating information that features the importance of skills training provided by ROP and the role ROP plays in creating well rounded students who are ready to work or obtain post secondary education and training. Presentations focused on how ROP’s contribution to create a trained workforce result in lower training costs and increased profitability for businesses. Successfully continued to provide the CTE-Teach induction training for new CTE teachers with preliminary CTE credentials. Continue work begun last year in establishing a program of career exploration for middle schools. This will involve ongoing discussions with counseling staffs and administrators in all three counties to establish activities that introduce students in the middle grades to the world of work. Assessment, work based learning experiences, and other exploratory activities will be included. Assisted ROP teachers in preparing A-G courses to increase the number of ROP courses recognized by the U-C system for transfer credit. Continued to broker CTE On-Line training for the many new teachers in the ROP. • • • • • • • • • • • Provided teachers with professional development activities which are consistent with the implementation of the Common Core Standards and other changes occurring in California schools. ROP administrative staff continued advocacy efforts through membership in the Workforce Investment Board, the Northern Chapter of the State ROP Association, the State ROP association itself, and the Association of California School Administrators. (ACSA). Postponed a planned follow up follow up survey of ROP students who graduated in 2007 for placement and other data. The California Association of Regional Occupational Centers and Programs has plans to conduct such a study in the near future. To continue to assist counseling departments and high school career centers in providing career exploration and student self-assessment software programs and other activities. Participated in the Educating for Careers Conference. Completed a template for a tiered Career Ready Certificate Program by working with the Youth Council of the North Central Counties Workforce Investment Board who, along with Tri-County ROP, made reestablishing this program a priority. We have gone beyond last year’s effort and now have a WIB approved certificate. Worked to develop a CTE program at the Feather River Academy through grant funding or other sources. Began involvement in the FRA” huddle” to help build capacity in the community school. ROP staff continued its involvement in the implementation of the strategic plan being developed agency-wide for the Sutter County Superintendent of Schools Office through the Flippin Leadership Blue Print. We met several times and addressed departmental responsibility in abiding by the plan; the plan was reviewed continually and used to settle any disputes that occurred between the ROP team. Visited ROP sites at least twice during the year. This continues to establish goodwill between the ROP office and teachers, staff, and administrators in the field. Continued work with the ROP Ad Hoc committee to develop a plan for restructuring the current funding allocation model for districts/sites. Given the drastic changes/elimination of ROP as a categorical program it was essential to receive that feed back as the Superintendent and ROP Director decide what will ultimately be a cost sharing plan as part of an overall ROP transition. Expanded the number of teachers and pathway areas that will provide data through the CTEDDI Program (Career Technical Education Data Driven Instruction). Engineering and Technology were added to the number of pathways areas tested. The ROP Director assumed the President-Elect position for CAROCP, the California Association of Regional Occupational Centers and Programs. The ROP Director as President will be an opportunity to shape CTE policy in California. PROGRAM GOALS FOR 2014-2015 • • • Work with educators and business to institutionalize the WIB approved Career Ready Certificate program that will include input from educators and industry. Work with the Feather River Academy to develop CTE pathways at the school that will meet student needs and prepare them for post secondary training and work. Work more closely with the Ed Services Department in sharing strategies to integrate STEM (Science, Technology, Engineering, and Mathematics) curriculum in our ROP pathways development. This relationship will also include work on the second • • • • • • • • • • • • attempt at securing funding for a Career Pathways Trust Grant and assisting high school CTE programs with the common core. Use our leadership positions in State organizations to develop strategies and influence policy related to building and maintaining capacity to deliver robust CTE programs by working to affect legislative change. Develop a manufacturing cohort with Yuba Community College that will utilize blended learning models and flipped classroom approaches as well as industry assessments and certification. Complete the revision of the ROP Policy Manual that reflects changes in our relationships with districts developed in a new Memorandum of Understanding and changes in the law as we move our CTE delivery system forward. Apply for second STREAM grant in partnership with Yolo County Office of Education, CRANE (Capitol Region Advancing the Next Economy) based out of the Sacramento Office of Education, and in partnership with Yuba Community College. The grant emphasizes the development of pathways programs with a heavy emphasis on STEM. Development of an updated attendance system utilizing the Aires system, already in place at our County Office, to modernize our attendance system and create compatibility with the system in use in for Adult Education and adult ROP programs at the Sutter One Stop. Finish the process of revising ROP certification that includes new Model Curriculum Standards and the Common Core. Professional development for teachers will be included in this endeavor and include input from Advisory Committees. We will also continue to expand Industry based testing (NOCTI) in expanded pathway areas that will involve 500 students. Passing scores result in nationally recognized certification. Implementation of a formal “new teacher ROP orientation system” that will include more one to one assistance from the ROP administrative office. Update of the ROP Website to include new students and teacher’s links, updating ROP news on a more regular basis, and a Director’s blog to be published monthly on CTE topics that are timely and newsworthy. Change the ROP fall teacher in-service. Instead of going school to school, ROP staff will conduct in-services at the County Office, by industry sector. Attendance will be mandatory. Absences from the meeting without good cause will jeopardize future funding for that program. Plans for implementation of a new MOU with member districts of the Tri-County ROP beyond the 2014-2015 school year will be introduced in early November. The MOU will reflect changes in how fiscal contributions to districts will be delivered in a cost sharing model. It is the desire of the Superintendent of Schools and the districts to maintain relationships that will allow for more sharing of resources to keep programs as whole as possible with ROP continuing to provide services and funding as finances allow. The ability to apply for other sources of funding as part of a regional cohort will allow for more competitive grant possibilities that build CTE capacity in our region. Work more closely with all departments at the county office to maximize efficiency, share resources, and compliment the overall success of the County Office as we all strive to become the premier deliverer of services to our districts and our regional partners as well. Begin a partnership with the Junior Achievement Program and use resources of the ROP to bring that program into middle schools and high schools. THE FUTURE OF ROP ROP is no longer a stand-alone program in the State of California. County offices, Joint Powers Agencies and single Districts that have offered ROP, receive funding that is “undesignated” and may use those funds for any educational purpose. In addition, as the LEA for Tri-County ROP, the Sutter County Superintendent of Schools Office is required to provide a Maintenance of Effort (MOE) through the current program year. We have been required by law to ensure that the amount of funds we allocate and the districts have spent during the past two years has matched or exceeded the amount spent on programs in 2012-2013. We have met the MOE by using our lottery balances, general fund, and funds that are no longer be allocated to adult ROP programs beginning in the current year. Our ability to weather this storm is the result of the ROP program, working with the county office business department to maintain healthy reserves for a rain day. We have worked with districts on the best way to utilize funds the county office receives and funding the districts receive in the “Grade Span Adjustment” to continue serving the CTE needs of students through the Tri-County ROP. It is the desire of all to have a plan for a new MOU that will carry the program forward for a few more years. We have a long lasting, 44 year relationship with our Tri-County partners. That partnership remains strong and we will continue to work together to provide quality CTE programs in our high schools so that students in the Tri-County area continue to receive quality CTE. We will continue to seek other sources of funding to augment what we already have and ask the districts to share costs during a soon to be established transition period and MOU. It is our hope that working with the legislature, Governor and other policy makers will bring attention to the insufficient funding for CTE currently available for districts and county offices. It is our desire that we not only maintain the quality programs we have now but that we have the opportunity to build even more robust pathways and programs in the future. CONCLUSION The challenges ahead, as the Sutter County Superintendent Schools Office endeavors to offer high quality CTE through the Tri-County ROP, or other models in the future, are many. However, this is an opportune time to reevaluate our service delivery system and make whatever changes are needed to provide hands on skills training to students at all levels. Superintendent, Bill Cornelius, has been supportive of staff in every way possible and a leader at the state level in ensuring our message is heard. Without his support our program could not survive and excel. Eric Pomeroy, Tammy Branaman and I will continue to design processes and programs that will keep our programs running full tilt. It is amazing what this small staff has accomplished over the last few years to ensure changes in program do not negatively impact students, schools, and our community. Agenda Item No. __11.0__ BOARD AGENDA ITEM: Quarterly Report on Williams/Valenzuela Uniform Complaints BOARD MEETING DATE: November 12, 2014 AGENDA ITEM SUBMITTED FOR: PREPARED BY _ __ Dorothy Griffin Action ___ Reports/Presentation SUBMITTED BY: ____ Information Dorothy Griffin _ Public Hearing PRESENTING TO BOARD: __ Other (specify) Bill Cornelius BACKGROUND AND SUMMARY INFORMATION: As per Education Code 35186 the county superintendent reports on the number and nature of complaints filed for: 1) Textbooks and instructional materials 2) Teacher vacancies or misassignments 3) Facilities and conditions 4) CAHSEE Intensive Instruction and Services. There were no complaints filed by a district and no complaints filed by the county office programs in the county during the period July 1, 2014 through September 30, 2014. Please include 18 copies of any background material you wish included in the packet. November 12, 2014 Agenda Item No. BOARD AGENDA ITEM: Second Reading – BP/AR 0460 – Local Control and Accountability Plan BOARD MEETING DATE: AGENDA ITEM SUBMITTED FOR: X_ ___ 12.0 November 12, 2014 PREPARED BY: Action Dorothy Griffin/Gail Atwood Reports/Presentation SUBMITTED BY: Information Bill Cornelius______________________ Public Hearing PRESENTING TO BOARD: Other Bill Cornelius______________________ BACKGROUND AND SUMMARY INFORMATION: Second readings of the following policies are presented to the Board for adoption. 1. BP 0460 – Local Control and Accountability Plan 2. AR 0460 – Local Control and Accountability Plan Please include 18 copies of any background material you wish included in the packet. BP 0460 Page 1 of 6 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans Local Control and Accountability Plan The Governing Board (Sutter County Board of Education) desires to ensure the most effective use of available state funding to improve outcomes for all students. A community-based, comprehensive, data-driven planning process shall be used to identify annual goals and specific actions aligned with state and local priorities and to facilitate continuous improvement of district Sutter County Superintendent of Schools (SCSOS) practices. (cf. 0000 - Vision) (cf. 0200 - Goals for the School District) The Board shall adopt a countywide local control and accountability plan (LCAP), using the template provided by the State Board of Education, which addresses the state priorities specified in Education Code 52060. The LCAP shall be effective for three years and shall be updated on or before July 1 of each year. (Education Code 52060) In addition, the LCAP shall address any local priorities adopted by the Board. The LCAP shall focus on improving outcomes for all students, particularly those who are "unduplicated students" and other underperforming students. Unduplicated students include students who are eligible for free or reduced-price meals, English learners, and foster youth and are counted only once for purposes of the local control funding formula. (Education Code 42238.02) (cf. 3553 - Free and Reduced Price Meals) (cf. 6173.1 - Education for Foster Youth) (cf. 6174 - Education for English Language Learners) To minimize duplication of effort and provide clear direction for program implementation, the LCAP and other district SCSOS and school plans shall be aligned to the extent possible. (cf. 0400 - Comprehensive Plans) (cf. 0440 - District Technology Plan) (cf. 0450 - Comprehensive Safety Plan) (cf. 5030 - Student Wellness) (cf. 6171 - Title I Programs) (cf. 7110 - Facilities Master Plan) Policy Approved: Sutter County Board of Education BP 0460 Page 2 of 6 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans The Superintendent or designee shall review the single plan for student achievement (SPSA) submitted by each district school Feather River Academy pursuant to Education Code 64001 to ensure that the specific actions included in the LCAP or the annual update are consistent with strategies included in the SPSA. (Education Code 52062) (cf. 0420 - School Plans/Site Councils) Any complaint that the district SCSOS has not complied with legal requirements pertaining to the LCAP may be filed pursuant to AR 1312.3 - Uniform Complaint Procedures. (Education Code 52075) (cf. 1312.3 - Uniform Complaint Procedures) Plan Development The Superintendent or designee shall gather data and information needed for effective and meaningful plan development and present it to the Board and community. Such data and information shall include, but not be limited to, data regarding the numbers of students in various student subgroups, disaggregated data on student achievement levels, and information about current programs and expenditures. The Board shall consult with teachers, principals, administrators, other school personnel, employee bargaining units, parents/guardians, and students in developing the LCAP. (Education Code 52060) (cf. 1220 - Citizen Advisory Committees) (cf. 4140/4240/4340 - Bargaining Units) (cf. 4143/4243 - Negotiations/Consultation) (cf. 6020 - Parent Involvement) Public Review and Input The Board shall establish the following committee(s) to review and comment on the LCAP: (Education Code 52063) 1. A parent advisory committee including at least one parent/guardian of unduplicated students as defined above 2. An English learner parent advisory committee whenever district Feather River Policy Approved: Sutter County Board of Education BP 0460 Page 3 of 6 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans Academy enrollment includes at least 15 percent English learners and at least 50 students who are English learners The Superintendent or designee shall present the LCAP or the annual update to the committee(s) before it is submitted to the Board for adoption, and shall respond in writing to comments received from the committee(s). (Education Code 52062 52069) The Superintendent or designee shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the LCAP or the annual update to the LCAP. The notification shall be provided using the most efficient method of notification possible, which may not necessarily include producing printed notices or sending notices by mail. All written notifications related to the LCAP or the annual update shall be provided in the primary language of parents/guardians when required by Education Code 48985. (Education Code 52062) The Board shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the LCAP or the annual update. The public hearing shall be held at the same meeting as the public hearing required prior to the adoption of the district SCSOS budget in accordance with Education Code 42127 and AR 3100 Budget. (Education Code 42127, 52062) (cf. 3100 - Budget) (cf. 3460 - Financial Reports and Accountability) (cf. 9320 - Meetings and Notices) Adoption of the Plan Prior to adopting the district SCSOS budget, but at the same public meeting, the Board shall adopt the LCAP or the annual update. This meeting shall be held after the public hearing described above, but not on the same day as the hearing. (Education Code 52062) The Board may adopt revisions to the LCAP at any time during the period in which the plan is in effect, provided the Board follows the process to adopt the LCAP pursuant to Education Code 52062 and the revisions are adopted in a public meeting. (Education Code 52062) Submission of Plan to County Superintendent of Schools the California Department of Policy Approved: Sutter County Board of Education BP 0460 Page 4 of 6 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans Education Not later than five days after adoption of the LCAP or the annual update to the LCAP, the Board shall file the LCAP or the annual update with the County Superintendent of Schools. California Department of Education (Education Code 52070) If the County Superintendent Superintendent of Public Instruction (SPI) sends, by August 15, a written request for clarification of the contents of the LCAP or the annual update, the Board shall respond in writing within 15 days of the request. If the County Superintendent SPI then submits recommendations for amendments to the LCAP within 15 days of receiving the Board's response, the Board shall consider those recommendations in a public meeting within 15 days of receiving the recommendations. (Education Code 52070) Monitoring Progress The Superintendent or designee shall report to the Board, at least annually in accordance with the timeline and indicators established by him/her and the Board, regarding the district's SCSOS’s progress toward attaining each goal identified in the LCAP. Evaluation data shall be used to recommend any necessary revisions to the LCAP. (cf. 0500 - Accountability) Technical Assistance/Intervention When it is in the best interest of the district SCSOS, the Board may submit a request to the County Superintendent SPI for technical assistance, including, but not limited to: (Education Code 52071) 1. Assistance in the identification of district SCSOS strengths and weaknesses in regard to state priorities and review of effective, evidence-based programs that apply to the district's SCSOS’s goals 2. Assistance from an academic expert, team of academic experts, or another district in the county county office of education in the state in identifying and implementing effective programs to improve the outcomes for student subgroups 3. Advice and assistance from the California Collaborative for Educational Excellence established pursuant to Education Code 52074 In the event that the County Superintendent SPI requires the district SCSOS to receive Policy Approved: Sutter County Board of Education BP 0460 Page 5 of 6 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans technical assistance pursuant to Education Code 52071, the Board shall review all recommendations received from the County Superintendent SPI or other advisor and shall consider revisions to the LCAP as appropriate in accordance with the process specified in Education Code 52062. If the Superintendent of Public Instruction (SPI) identifies the district SCSOS as needing intervention pursuant to Education Code 52072, the district SCSOS shall cooperate with any action taken by the SPI or any academic advisor appointed by the SPI, which may include one or more of the following: 1. Revision of the district's SCSOS’s LCAP 2. Revision of the district's SCSOS’s budget in accordance with changes in the LCAP 3. A determination to stay or rescind any district SCSOS action that would prevent the district SCSOS from improving outcomes for all student subgroups, provided that action is not required by a collective bargaining agreement Legal Reference: EDUCATION CODE 17002 State School Building Lease-Purchase Law, including definition of good repair 41020 Audits 42127 Public hearing on budget adoption 42238.01-42238.07 Local control funding formula 44258.9 County superintendent review of teacher assignment 48985 Parental notices in languages other than English 51210 Course of study for grades 1-6 51220 Course of study for grades 7-12 52052 Academic Performance Index; numerically significant student subgroups 52060-52077 Local control and accountability plan 52302 Regional occupational centers and programs 52372.5 Linked learning pilot program 54692 Partnership academies 60119 Sufficiency of textbooks and instructional materials; hearing and resolution 60605.8 California Assessment of Academic Achievement; Academic Content Standards Commission 60811.3 Assessment of language development Policy Approved: Sutter County Board of Education BP 0460 Page 6 of 6 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans 64001 Single plan for student achievement 99300-99301 Early Assessment Program UNITED STATES CODE, TITLE 20 6312 Local educational agency plan 6826 Title III funds, local plans Management Resources: CSBA PUBLICATIONS Impact of Local Control Funding Formula on Board Policies, November 2013 Local Control Funding Formula 2013, Governance Brief, August 2013 State Priorities for Funding: The Need for Local Control and Accountability Plans, Fact Sheet, August 2013 CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS California School Accounting Manual WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov Policy Approved: Sutter County Board of Education AR 0460 Page 1 of 5 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans Local Control and Accountability Plan Content of the Plan The district's Sutter County Superintendent of Schools (SCSOS) Local Control and Accountability Plan (LCAP) shall include, for the district Feather River Academy and each district school: (Education Code 52060 52066) 1. A description of the annual goals established for all students and for each numerically significant subgroup as defined in Education Code 52052, including ethnic subgroups, socioeconomically disadvantaged students, English learners, students redesignated as fluent English proficient, students with disabilities who are funded through the SCSOS’ local control Funding Formula, and foster youth. The LCAP shall identify goals for each of the following state priorities and any locally identified priorities: a. The degree to which district SCSOS teachers are appropriately assigned in accordance with Education Code 44258.9 and fully credentialed in the subject areas and for the students they are teaching; every district student has sufficient access to standards-aligned instructional materials as determined pursuant to Education Code 60119; and school facilities are maintained in good repair as specified in Education Code 17002 (cf. 1312.4 - Williams Uniform Complaint Procedures) (cf. 3517 - Facilities Inspection) (cf. 4112.2 - Certification) (cf. 4113 - Assignment) (cf. 6161.1 - Selection and Evaluation of Instructional Materials) b. Implementation of the academic content and performance standards adopted by the State Board of Education (SBE), including how the programs and services will enable English learners to access the Common Core State Standards and the English language development standards for purposes of gaining academic content knowledge and English language proficiency (cf. 6011 - Academic Standards) (cf. 6174 - Education for English Language Learners) Sutter County Board of Education Approved: AR 0460 Page 2 of 5 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans c. Parent/guardian involvement, including efforts the district SCSOS makes to seek parent/guardian input in district and school site decision making and how the district will promote parent/guardian participation in programs for unduplicated students, as defined in Education Code 42238.02 and Board policy (cf. 3553 - Free and Reduced Price Meals) (cf. 6020 - Parent Involvement) (cf. 6159 - Individualized Education Program) (cf. 6173.1 - Education for Foster Youth) d. Student achievement, as measured by all of the following as applicable: (1) Statewide assessments of student achievement (2) Academic Performance Index (3) The percentage of students who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that satisfy specified requirements and align with SBE-approved career technical education standards and frameworks, including, but not limited to, those described in Education Code 52302, 52372.5, or 54692 (4) The percentage of English learners who make progress toward English proficiency as measured by the SBE-certified assessment of English proficiency (5) The English learner reclassification rate (6) The percentage of students who have passed an advanced placement examination with a score of 3 or higher (7) The percentage of students who participate in and demonstrate college preparedness in the Early Assessment Program pursuant to Education Code 99300-99301 (cf. 0500 - Accountability) (cf. 6141.5 - Advanced Placement) (cf. 6162.5 - Student Assessment) (cf. 6162.51 - State Academic Achievement Tests) (cf. 6178 - Career Technical Education) Sutter County Board of Education Approved: AR 0460 Page 3 of 5 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans e. Student engagement, as measured by school attendance rates, chronic absenteeism rates, middle school dropout rates, high school dropout rates, and high school graduation rates, as applicable (cf. 6146.1 - High School Graduation Requirements) (cf. 5113.1 - Chronic Absence and Truancy) (cf. 5147 - Dropout Prevention) (cf. 5149 - At-Risk Students) f. School climate, as measured by student suspension and expulsion rates and other local measures, including surveys of students, parents/guardians, and teachers on the sense of safety and school connectedness, as applicable (cf. 5137 - Positive School Climate) (cf. 5144 - Discipline) (cf. 5144.1 - Suspension and Expulsion/Due Process) (cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities)) g. The extent to which students have access to and are enrolled in a broad course of study that includes all of the subject areas described in Education Code 51210 and 51220, as applicable, including the programs and services developed and provided to unduplicated students and students with disabilities, and the programs and services that are provided to benefit these students as a result of supplemental and concentration grant funding pursuant to Education Code 42238.02 and 42238.03 (cf. 6143 - Courses of Study) h. Student outcomes, if available, in the subject areas described in Education Code 51210 and 51220, as applicable i. Expelled Youth- the extent to which the county superintendent will coordinate instruction of expelled pupils pursuant to Section 48926 j. Foster Youth- the extent to which the county superintendent of schools will coordinate services for foster children, including, but not limited to, all of the following: (1) Working with the county child welfare agency to minimize changes in school placement Sutter County Board of Education Approved: AR 0460 Page 4 of 5 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans (2) (3) Providing education-related information to the county child welfare agency to assist the county child welfare agency in the delivery of services to foster children, including, but not limited to, educational status and progress information that is required to be included in court reports Responding to requests from the juvenile court for information and working with the juvenile court to ensure the delivery and coordination of necessary educational services (4) Establishing a mechanism for the efficient expeditious transfer of health and education records and the health and education and education passport. 2. Any goals identified for any local priorities established by the Board. (cf. 0200 - Goals for the School District) 3. A description of the specific actions the district SCSOS will take during each year of the LCAP to achieve the identified goals, including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state and local priorities specified in items #1-2 above. Such actions shall not supersede provisions of existing collective bargaining agreements within the district. SCSOS. For purposes of the descriptions required by items #1-3 above, the Board may consider qualitative information, including, but not limited to, findings that result from any school quality reviews conducted pursuant to Education Code 52052 or any other reviews. (Education Code 52060) For any local priorities addressed in the LCAP, the Board and Superintendent or designee shall identify the method for measuring the district's SCSOS progress toward achieving those goals. (Education Code 52060) A county board of education may identify local priorities, goals in regard to the local priorities, and the method for measuring the county office of education’s progress towards achieving those goals. To the extent practicable, data reported in the LCAP shall be reported in a manner consistent with how information is reported on a school accountability report card. (Education Code 52060) (cf. 0510 - School Accountability Report Card) Sutter County Board of Education Approved: AR 0460 Page 5 of 5 Policies and Regulations Manual Sutter County Board of Education Series 0000- Philosophy, Goals, Objectives and Comprehensive Plans Annual Updates On or before July 1 of each year, the LCAP shall be updated using the template developed by the SBE and shall include all of the following: (Education Code 520616-52069) 1. A review of any changes in the applicability of the goals described in the existing LCAP pursuant to the section "Content of the Plan" above 2. A review of the progress toward the goals included in the existing LCAP, an assessment of the effectiveness of the specific actions described in the existing LCAP toward achieving the goals, and a description of changes to the specific actions the district SCSOS will make as a result of the review and assessment 3. A listing and description of the expenditures for the fiscal year implementing the specific actions included in the LCAP and the changes to the specific actions made as a result of the reviews and assessment required by items #1-2 above 4. A listing and description of expenditures for the fiscal year that will serve unduplicated students and students redesignated as fluent English proficient Availability of the Plan The Superintendent or designee shall post the LCAP and any updates or revisions to the LCAP on the district's SCSOS web site. (Education Code 52065) (cf. 1113 - District and School Web Sites) Sutter County Board of Education Approved: Agenda Item No. BOARD AGENDA ITEM: First Reading – Board Policies BOARD MEETING DATE: November 12, 2014 AGENDA ITEM SUBMITTED FOR: X PREPARED BY: Action Gail Atwood/Cindy Stassi Reports/Presentation SUBMITTED BY: Information Bill Cornelius/Cabinet Public Hearing PRESENTING TO BOARD: Other (specify) First Reading Board Bylaws & Policies Bill Cornelius BACKGROUND AND SUMMARY INFORMATION: Cabinet is recommending the following Board Bylaws and Policies for adoption: BP 3100 – Budget AR 3100 – Budget BP 3311 – Bids AR 3311 – Bids BB 9222 – Resignation This first reading will provide the Board with an opportunity to review the bylaw/ policies. They will be brought back in December 2014 for a second reading and adoption. 13.0 Please include 18 copies of any background material you wish included in the packet. BP 3100 Page 1 of 4 Policies and Regulations Manual Sutter County Board of Education Board Policy Series 3000 - Business and Non-Instructional Operations BUDGET Definition The Sutter County Board of Education recognizes its critical responsibility for adopting a sound budget for each fiscal year which is aligned with the Sutter County Superintendent of School’s (SCSOS) vision, goals, and priorities. The SCSOS budget shall guide administrative decisions and actions throughout the year and shall serve as a tool for monitoring the fiscal health of the county office. (cf. 0000 - Vision) (cf. 3000 - Concepts and Roles) (cf. 3300 - Expenditures and Purchases) (cf. 3460 - Financial Reports and Accountability) (cf. 9000 - Role of the Board) The SCSOS budget shall show a complete plan and itemized statement of all proposed expenditures and all estimated revenues for the following fiscal year, together with a comparison of revenues and expenditures for the current fiscal year. Budget Development and Adoption Process The Board shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the budget. The public hearing shall be held at the same meeting as the public hearing required prior to the adoption of the Local Control Accountability Plan (LCAP) in accordance with Education Code 42127 and AR 3100 - Budget. (Education Code 42127, 52062) Prior to adopting the budget, but at the same public meeting, the Board shall adopt the LCAP or the annual update. This meeting shall be held after the public hearing described above, but not on the same day as the hearing. (Education Code 52062; Board Policy 0460, Local Control Accountability Plan) The budget that is formally adopted by the Sutter County Board of Education shall be in the format prescribed by the Superintendent of Public Instruction. The Superintendent or designee may supplement this format with additional information as necessary to effectively communicate the budget to the Board, staff, and public. ________________________________________________________________________ Sutter County Board of Education Adopted: BP 3100 Page 2 of 4 Policies and Regulations Manual Sutter County Board of Education In developing the SCSOS budget, the Superintendent or designee shall analyze criteria and standards adopted by the State Board of Education which address estimation of funded average daily attendance (a.d.a.), projected enrollment, ratio of a.d.a. to enrollment, projected revenue limit, salaries and benefits, other revenues and expenditures, facilities maintenance, deficit spending, fund balance, and reserves. The budget review shall also identify supplemental information regarding contingent liabilities, use of one-time revenues for ongoing expenditures, use of ongoing revenues for one-time expenditures, contingent revenues, contributions, long-term commitments, unfunded liabilities, and the status of labor agreements. (Education Code 33127, 33128, 33129; 5 CCR 15440-15451) The Sutter County Superintendent of Schools shall establish and maintain a general fund reserve for economic uncertainty that meets or exceeds the requirements of law. (Education Code 33128.3; 5 CCR 15450) The Sutter County Board of Education may establish other budget assumptions or parameters which may take into consideration the stability of funding sources, legal requirements and constraints on the use of funds, anticipated increases and/or decreases in the cost of services and supplies, categorical program requirements, and any other factors necessary to ensure that the budget is a realistic plan for county revenues and expenditures. Single Budget Adoption Process The Superintendent or designee shall establish an annual budget development process and calendar in accordance with the single budget adoption process described in Education Code 1622. The Superintendent or designee shall classify fund balances in compliance with Governmental Accounting Standards Board (GASB) Statement 54, as outlined in Superintendent Policy SP 3460. To protect the Sutter County Superintendent of Schools against unforeseen circumstances such as revenue shortfalls and unanticipated expenditures, the Board intends to maintain a minimum unassigned fund balance which includes a reserve for economic uncertainties equal to at least two months of general fund operating expenditures, or 15 percent of general fund expenditures and other financing uses. ________________________________________________________________________ Sutter County Board of Education Adopted: BP 3100 Page 3 of 4 Policies and Regulations Manual Sutter County Board of Education If the unassigned fund balance falls below this level due to an emergency situation, unexpected expenditures, or revenue shortfalls, the Superintendent shall present a plan to the Sutter County Board of Education to recover the fund balance which may include dedicating new unrestricted revenues, reducing expenditures, and/or increasing revenues or pursuing other funding sources. Long-Term Financial Obligations The SCSOS current-year budget and multi-year projections shall include adequate provisions for addressing the SCSOS long-term financial obligations, including, but not limited to, long-term obligations resulting from collective bargaining agreements, financing of facilities projects, unfunded or future liability for retiree benefits, and accrued workers' compensation claims. (cf. 4141/4241 - Collective Bargaining Agreement) (cf. 4143/4243 - Negotiations/Consultation) (cf. 4154/4254/4354 - Health and Welfare Benefits) (cf. 7210 - Facilities Financing) (cf. 9250 - Remuneration, Reimbursement and Other Benefits) Legal Reference: EDUCATION CODE 1240 Duties of county superintendent of schools 33127-33131 Standards and criteria for local budgets and expenditures 35035 Powers and duties of superintendent 35161 Powers and duties, generally, of governing boards 42103 Public hearing on proposed budget; requirements for content of proposed budget 1620-1622 – County Office of Education Budget Approval 42122-42129 Budget requirements 42130-42134 Financial certifications 42140-42141 Disclosure of fiscal obligations 42602 Use of unbudgeted funds 42605 Tier 3 categorical flexibility 42610 Appropriation of excess funds and limitation thereon 44518-44519.2 Chief business officer training program 45253 Annual budget of personnel commission 45254 First year budget of personnel commission GOVERNMENT CODE 7900-7914 Appropriations limit CODE OF REGULATIONS, TITLE 5 ________________________________________________________________________ Sutter County Board of Education Adopted: BP 3100 Page 4 of 4 Policies and Regulations Manual Sutter County Board of Education 15060 Standardized account code structure 15440-15451 Criteria and standards for school district budgets Management Resources: CSBA PUBLICATIONS Maximizing School Board Governance: Budget Planning and Adoption, 2006 Maximizing School Board Governance: Understanding District Budgets, 2006 School Finance CD-ROM, 2005 CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS California School Accounting Manual New Requirements for Reporting Fund Balance in Governmental Funds, January 7, 2011 FISCAL CRISIS AND MANAGEMENT ASSISTANCE TEAM PUBLICATIONS Fiscal Oversight Guide for AB 1200, AB 2756 and Subsequent Related Legislation, September 2006 GOVERNMENT FINANCE OFFICERS ASSOCIATION Best Practice: Appropriate Level of Unrestricted Fund Balance in the General Fund, 2009 GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENTS Statement 54, Fund Balance Reporting and Governmental Fund Type Definitions, March 2009 Statement 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions, June 2004 Statement 34, Basic Financial Statements and Management's Discussion and Analysis - For State and Local Governments, June 1999 WEB SITES CSBA: http://www.csba.org Association of California School Administrators: http://www.acsa.org California Department of Education, Finance and Grants: http://www.cde.ca.gov/fg California Department of Finance: http://www.dof.ca.gov Fiscal Crisis and Management Assistance Team: http://www.fcmat.org Government Finance Officers Association: http://www.gfoa.org Governmental Accounting Standards Board: http://www.gasb.org Legislative Analyst's Office: http://www.lao.ca.gov School Services of California, Inc.: http://www.sscal.com ________________________________________________________________________ Sutter County Board of Education Adopted: BB 9222 Page 1 of 1 Policies and Regulations Manual Sutter County Board of Education Series 9000 – Board Bylaws Resignation A Governing Board member who wishes to resign may do so by filing a written resignation with the Sutter County Superintendent of Schools. (Education Code 5090) The written resignation is effective when filed, except when a deferred effective date is specified in the resignation. (Education Code 5090) A Board member may not defer the effective date of his/her resignation for more than 60 days after filing. (Education Code 5091) A written resignation, whether specifying a deferred effective date or otherwise, shall be irrevocable upon being filed. (Education Code 5090) Upon resignation, the Board member may continue to exercise all his/her powers, save that of voting for a successor, until the effective date of resignation. (Education Code 35178) (cf. 9270 - Conflict of Interest) Legal Reference: EDUCATION CODE 5090 Definition (vacancy) 5091 Special Election 35178 Resignation with deferred effective date Policy Approved: Sutter County Board of Education AR 3100 Page 1 of 2 Policies and Regulations Manual Sutter County Board of Education Administrative Regulation Series 3000 - Business and Non-instructional Operations BUDGET Initial Budget Adoption On or before July 1 of each year, the Sutter County Board of Education shall adopt a budget which adheres to the state's standardized account code structure (SACS) as prescribed by the Superintendent of Public Instruction (SPI). (Education Code 42126, 42127) The Board shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the budget. The public hearing shall be held at the same meeting as the public hearing required prior to the adoption of the Local Control Accountability Plan (LCAP) in accordance with Education Code 42127 and 52062. Prior to adopting the budget, but at the same public meeting, the Board shall adopt the LCAP or the annual update. This meeting shall be held after the public hearing described above, but not on the same day as the hearing. (Education Code 42103, 42127, 52062) (cf. 9320 - Meetings and Notices) (cf. 9322 - Agenda/Meeting Materials) (cf. 9323 - Meeting Conduct) The Superintendent or designee shall file the adopted budget with the Superintendent of Public Instruction (SPI) no later than five (5) days after adoption or by July 1, whichever occurs first. The budget and supporting data shall be maintained and made available for public review. (Education Code 52067) (cf. 1340 – Access to District Records) Revised Budget OPTION 1: (Single Budget Adoption Process) No later than 45 days after the Governor signs the annual Budget Act, the Superintendent or designee shall make available for public review any revisions ________________________________________________________________________ Sutter County Board of Education Adopted: AR 3100 Page 2 of 2 Policies and Regulations Manual Sutter County Board of Education in budgeted revenues and expenditures which are consequently necessary. (Education Code 1622) If the Superintendent of Public Instruction (SPI) disapproves the Sutter County Superintendent of Schools’ budget, the Sutter County Board of Education shall review and respond to his/her recommendations at a public meeting on or before September 8. The response shall include any revisions to the adopted budget and any other proposed actions to be taken as a result of those recommendations. (Education Code 1622) Before revising the budget, the county board of education shall hold a public hearing regarding the proposed revisions, which shall be made available for public inspection not less than three working days before the hearing. The agenda for that hearing shall be posted at least 72 hours before the public hearing and shall include the location where the budget will be available for public inspection. The revised budget, and supporting data, shall be maintained and made available for public review. (Education Code 1622) (Board Policy 0460, Local Control Accountability Plan) ________________________________________________________________________ Sutter County Board of Education Adopted: BP 3100 Page 1 of 4 Policies and Regulations Manual Sutter County Board of Education Board Policy Series 3000 - Business and Non-Instructional Operations BUDGET Definition The Sutter County Board of Education recognizes its critical responsibility for adopting a sound budget for each fiscal year which is aligned with the Sutter County Superintendent of School’s (SCSOS) vision, goals, and priorities. The SCSOS budget shall guide administrative decisions and actions throughout the year and shall serve as a tool for monitoring the fiscal health of the county office. (cf. 0000 - Vision) (cf. 3000 - Concepts and Roles) (cf. 3300 - Expenditures and Purchases) (cf. 3460 - Financial Reports and Accountability) (cf. 9000 - Role of the Board) The SCSOS budget shall show a complete plan and itemized statement of all proposed expenditures and all estimated revenues for the following fiscal year, together with a comparison of revenues and expenditures for the current fiscal year. Budget Development and Adoption Process The Board shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the budget. The public hearing shall be held at the same meeting as the public hearing required prior to the adoption of the Local Control Accountability Plan (LCAP) in accordance with Education Code 42127 and AR 3100 - Budget. (Education Code 42127, 52062) Prior to adopting the budget, but at the same public meeting, the Board shall adopt the LCAP or the annual update. This meeting shall be held after the public hearing described above, but not on the same day as the hearing. (Education Code 52062; Board Policy 0460, Local Control Accountability Plan) The budget that is formally adopted by the Sutter County Board of Education shall be in the format prescribed by the Superintendent of Public Instruction. The Superintendent or designee may supplement this format with additional information as necessary to effectively communicate the budget to the Board, staff, and public. ________________________________________________________________________ Sutter County Board of Education Adopted: BP 3100 Page 2 of 4 Policies and Regulations Manual Sutter County Board of Education In developing the SCSOS budget, the Superintendent or designee shall analyze criteria and standards adopted by the State Board of Education which address estimation of funded average daily attendance (a.d.a.), projected enrollment, ratio of a.d.a. to enrollment, projected revenue limit, salaries and benefits, other revenues and expenditures, facilities maintenance, deficit spending, fund balance, and reserves. The budget review shall also identify supplemental information regarding contingent liabilities, use of one-time revenues for ongoing expenditures, use of ongoing revenues for one-time expenditures, contingent revenues, contributions, long-term commitments, unfunded liabilities, and the status of labor agreements. (Education Code 33127, 33128, 33129; 5 CCR 15440-15451) The Sutter County Superintendent of Schools shall establish and maintain a general fund reserve for economic uncertainty that meets or exceeds the requirements of law. (Education Code 33128.3; 5 CCR 15450) The Sutter County Board of Education may establish other budget assumptions or parameters which may take into consideration the stability of funding sources, legal requirements and constraints on the use of funds, anticipated increases and/or decreases in the cost of services and supplies, categorical program requirements, and any other factors necessary to ensure that the budget is a realistic plan for county revenues and expenditures. Single Budget Adoption Process The Superintendent or designee shall establish an annual budget development process and calendar in accordance with the single budget adoption process described in Education Code 1622. The Superintendent or designee shall classify fund balances in compliance with Governmental Accounting Standards Board (GASB) Statement 54, as outlined in Superintendent Policy SP 3460. To protect the Sutter County Superintendent of Schools against unforeseen circumstances such as revenue shortfalls and unanticipated expenditures, the Board intends to maintain a minimum unassigned fund balance which includes a reserve for economic uncertainties equal to at least two months of general fund operating expenditures, or 15 percent of general fund expenditures and other financing uses. ________________________________________________________________________ Sutter County Board of Education Adopted: BP 3100 Page 3 of 4 Policies and Regulations Manual Sutter County Board of Education If the unassigned fund balance falls below this level due to an emergency situation, unexpected expenditures, or revenue shortfalls, the Superintendent shall present a plan to the Sutter County Board of Education to recover the fund balance which may include dedicating new unrestricted revenues, reducing expenditures, and/or increasing revenues or pursuing other funding sources. Long-Term Financial Obligations The SCSOS current-year budget and multi-year projections shall include adequate provisions for addressing the SCSOS long-term financial obligations, including, but not limited to, long-term obligations resulting from collective bargaining agreements, financing of facilities projects, unfunded or future liability for retiree benefits, and accrued workers' compensation claims. (cf. 4141/4241 - Collective Bargaining Agreement) (cf. 4143/4243 - Negotiations/Consultation) (cf. 4154/4254/4354 - Health and Welfare Benefits) (cf. 7210 - Facilities Financing) (cf. 9250 - Remuneration, Reimbursement and Other Benefits) Legal Reference: EDUCATION CODE 1240 Duties of county superintendent of schools 33127-33131 Standards and criteria for local budgets and expenditures 35035 Powers and duties of superintendent 35161 Powers and duties, generally, of governing boards 42103 Public hearing on proposed budget; requirements for content of proposed budget 1620-1622 – County Office of Education Budget Approval 42122-42129 Budget requirements 42130-42134 Financial certifications 42140-42141 Disclosure of fiscal obligations 42602 Use of unbudgeted funds 42605 Tier 3 categorical flexibility 42610 Appropriation of excess funds and limitation thereon 44518-44519.2 Chief business officer training program 45253 Annual budget of personnel commission 45254 First year budget of personnel commission GOVERNMENT CODE 7900-7914 Appropriations limit CODE OF REGULATIONS, TITLE 5 ________________________________________________________________________ Sutter County Board of Education Adopted: BP 3100 Page 4 of 4 Policies and Regulations Manual Sutter County Board of Education 15060 Standardized account code structure 15440-15451 Criteria and standards for school district budgets Management Resources: CSBA PUBLICATIONS Maximizing School Board Governance: Budget Planning and Adoption, 2006 Maximizing School Board Governance: Understanding District Budgets, 2006 School Finance CD-ROM, 2005 CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS California School Accounting Manual New Requirements for Reporting Fund Balance in Governmental Funds, January 7, 2011 FISCAL CRISIS AND MANAGEMENT ASSISTANCE TEAM PUBLICATIONS Fiscal Oversight Guide for AB 1200, AB 2756 and Subsequent Related Legislation, September 2006 GOVERNMENT FINANCE OFFICERS ASSOCIATION Best Practice: Appropriate Level of Unrestricted Fund Balance in the General Fund, 2009 GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENTS Statement 54, Fund Balance Reporting and Governmental Fund Type Definitions, March 2009 Statement 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions, June 2004 Statement 34, Basic Financial Statements and Management's Discussion and Analysis - For State and Local Governments, June 1999 WEB SITES CSBA: http://www.csba.org Association of California School Administrators: http://www.acsa.org California Department of Education, Finance and Grants: http://www.cde.ca.gov/fg California Department of Finance: http://www.dof.ca.gov Fiscal Crisis and Management Assistance Team: http://www.fcmat.org Government Finance Officers Association: http://www.gfoa.org Governmental Accounting Standards Board: http://www.gasb.org Legislative Analyst's Office: http://www.lao.ca.gov School Services of California, Inc.: http://www.sscal.com ________________________________________________________________________ Sutter County Board of Education Adopted: AR 3100 Page 1 of 2 Policies and Regulations Manual Sutter County Board of Education Administrative Regulation Series 3000 - Business and Non-instructional Operations BUDGET Initial Budget Adoption On or before July 1 of each year, the Sutter County Board of Education shall adopt a budget which adheres to the state's standardized account code structure (SACS) as prescribed by the Superintendent of Public Instruction (SPI). (Education Code 42126, 42127) The Board shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the budget. The public hearing shall be held at the same meeting as the public hearing required prior to the adoption of the Local Control Accountability Plan (LCAP) in accordance with Education Code 42127 and 52062. Prior to adopting the budget, but at the same public meeting, the Board shall adopt the LCAP or the annual update. This meeting shall be held after the public hearing described above, but not on the same day as the hearing. (Education Code 42103, 42127, 52062) (cf. 9320 - Meetings and Notices) (cf. 9322 - Agenda/Meeting Materials) (cf. 9323 - Meeting Conduct) The Superintendent or designee shall file the adopted budget with the Superintendent of Public Instruction (SPI) no later than five (5) days after adoption or by July 1, whichever occurs first. The budget and supporting data shall be maintained and made available for public review. (Education Code 52067) (cf. 1340 – Access to District Records) Revised Budget OPTION 1: (Single Budget Adoption Process) No later than 45 days after the Governor signs the annual Budget Act, the Superintendent or designee shall make available for public review any revisions ________________________________________________________________________ Sutter County Board of Education Adopted: AR 3100 Page 2 of 2 Policies and Regulations Manual Sutter County Board of Education in budgeted revenues and expenditures which are consequently necessary. (Education Code 1622) If the Superintendent of Public Instruction (SPI) disapproves the Sutter County Superintendent of Schools’ budget, the Sutter County Board of Education shall review and respond to his/her recommendations at a public meeting on or before September 8. The response shall include any revisions to the adopted budget and any other proposed actions to be taken as a result of those recommendations. (Education Code 1622) Before revising the budget, the county board of education shall hold a public hearing regarding the proposed revisions, which shall be made available for public inspection not less than three working days before the hearing. The agenda for that hearing shall be posted at least 72 hours before the public hearing and shall include the location where the budget will be available for public inspection. The revised budget, and supporting data, shall be maintained and made available for public review. (Education Code 1622) (Board Policy 0460, Local Control Accountability Plan) ________________________________________________________________________ Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education BP 3311 Page 1 of 3 Series 3000 – Business and Non-Instructional Operations Bids In order to ensure transparency and the prudent expenditure of public funds, Sutter County Superintendent of School (SCSOS) shall award contracts in an objective manner and in accordance with the law. SCSOS equipment, supplies, and services shall be purchased using competitive bidding when required by law or if the Superintendent determines that it is in the best interest of SCSOS to do so. When the Superintendent has determined that it is in the best interest of SCSOS, SCSOS may piggyback onto the contract of another public agency or corporation to lease or purchase equipment or supplies to the extent authorized by law. (Public Contract Code 20118) Bid specification shall be carefully designed and shall describe in detail the quality, delivery, and service required. To assist the SCSOS in determining whether bidders are responsible, the Superintendent may require prequalification procedures as allowed by law and specified in administrative regulation. The Uniform Public Construction Cost Accounting Act (UPCCAA) The Uniform Public Construction Cost Accounting Act (UPCCAA) allows SCSOS to follow its procedures to change both the dollar amount limitations and the advertising procedures ordinarily applicable in competitive bidding. Rather than the usual $15,000 bid limit for public projects applicable to Counties, under the Act, public works projects may be performed as follows: 1. Projects of $45,000 or less may be performed by force account, negotiated contract, or purchase order 2. Projects of $175,000 or less may be left to contract by so-called “informal bidding procedures” established in the Act 3. Projects of more than $175,000 remain subject to standard formal bidding procedures Existing law governing public contracts establishes procedures that public agencies, as defined, are required to follow when performing public works projects, and authorizes the governing body of the SCSOS to adopt a resolutions, by a 4/5 vote, to award the Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education BP 3311 Page 2 of 3 contract at $187,500 or less to the lowest responsible bidder when all informal bids on the public works project are in excess of $175,000. In electing to become subject to the Act, SCSOS must implement and adhere to detailed notice and accounting systems published in the Cost Accounting Policies and Procedures Manual published by the California Uniform Public Construction Cost Accounting Commission. LEGAL REFERENCE: Education Code 17595 Purchases through Department of General Services 38083 Purchase of perishable foodstuffs and seasonable commodities 38110 Purchase of supplies through county superintendent 38111 Purchases by County governing board 38112 Purchases of necessary supplies 39802 Transportation bids and contracts for services Government Code 4330-4334 Preference of California-made materials 6252 Definition of public record 53060 Special services and advice 54201-54205 Purchase of supplies and equipment by local agencies Public Contract Code 2000-2001 Responsive bidders 3002 Roofing projects Bids, specifications by brand or trade name not permitted 3400 3410 United States produce and processed foods 6610 Bid visits 12161 Definitions, recycled paper products 12168 Preference for purchase of recycled paper products 12169 Bidders to specify percentage of recycled paper product 12200 Definitions, recycled goods, materials and supplies 20103.8 Award of contracts 12210 Purchase of recycled products preferred 12213 Specification by bidder of recycled content 20103.8 Award of contracts 20107 Bidder's security 20111-20118.4 School County s 20189 Bidder's security, earthquake relief 22002 Definition of public project 22010 Uniform Construction Accounting Procedures 22030-22045 Alternative procedures for public projects (UPCCAA) 22050 Alternative emergency procedures Court Decisions Konica Business Machines v. Regents of the University of California, (1988) 206 Cal.App.3d 449 City of Inglewood-Los Angeles County Civic Center Authority v. Superior Court, (1972) 7 Cal.3d 861 Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education Management Resources: Web Sites CSBA: www.csba.org California Association of School Business Officials: www.casbo.org Sutter County Board of Education Adopted: BP 3311 Page 3 of 3 Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 1 of 9 Series 3000 – Business and Non-Instructional Operations Advertised/Competitive Bids Sutter County Superintendent of Schools (SCSOS) shall seek competitive bids through advertisement for contracts involving an expenditure of $175,000 or more for a public project. Public project means construction, reconstruction, erection, alteration, renovation, improvement, painting, repainting, demolition, and repair work involving SCSOS owned, leased, or operated facility. (Public Contract Code 20111, 22002) The SCSOS shall also seek competitive bids through advertisement for contracts exceeding the amount specified in law, and as annually adjusted by the Superintendent of Public Instruction, for any of the following: (Public Contract Code 20111; Government Code 53060) 1. The purchase of equipment, materials, or supplies to be furnished, sold, or leased to the County 2. Services, not including construction services or special services and advice in accounting, financial, legal, or administrative matters 3. Repairs, including maintenance that is not a public project Maintenance means routine, recurring, and usual work for preserving, protecting, and keeping any SCSOS facility operating in a safe, efficient, and continually usable condition for the intended purpose for which it was designed, improved, constructed, altered, or repaired. Maintenance includes, but is not limited to, carpentry, electrical, plumbing, glazing, and other craft work designed to preserve the facility, as well as repairs, cleaning, and other operations on machinery and other permanently attached equipment. This definition does not include, among other types or work, janitorial or custodial services and protection provided by a security forces, nor does it include painting, repainting, or decorating other than touchup. (Public Contract Code 20115) Unless otherwise authorized by law, contracts shall be let to the lowest responsible bidder who shall give such security as the Governing Board requires, or else all bids shall be rejected. (Public Contract Code 20111) When letting a contract for the procurement and/or maintenance of electronic data processing systems and supporting software, the Board may contract with any one of the three lowest responsible bidders. (Public Contract Code 20118.1) Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 2 of 9 The Board shall secure bids pursuant to Public Contract Code 20111 and 20112 for any transportation service expenditure more than $10,000 when contemplating that such a contract may be made with a person or corporation other than a common carrier, municipally owned transit system, or a parent/guardian of students who are to be transported. The Board may let this contract to other than the lowest bidder. (Education Code 39802) No work, project, services, or purchase shall be split or separated into smaller work orders or projects for the purpose of evading the legal requirements of Public Contract Code 20111-20118.4 for contracting after competitive bidding. (Public Contract Code 20116) Instructions and Procedures for Advertised Bids The Superintendent or designee shall call for bids by placing a notice at least once a week for two weeks in a local newspaper or general circulation published in the County, or if no such newspaper exists, then in some newspaper of general circulation, circulated in the county. The Superintendent or designee also may post the notice on the County’s website or through an electronic portal. The notice shall state the work to be done or materials or supplies to be furnished and the time and place and website where bids will be opened. SCSOS may accept a bid that has been submitted electronically or on paper. (Public Contract Code 20112) The notice shall contain the time, date, and location of any mandatory pre-bid conference, site visit, or meeting. The notice shall also detail when and where project documents, including final plan and specifications, are available. Any such mandatory visit or meeting shall not occur within a minimum of five calendar days of the publication of the initial notice. (Public Contract Code 6610) Bid instructions and specifications shall include the following requirements and information: 1. All bidders shall certify the minimum, if not exact, percentage of post-consumer materials in products, materials, goods, or supplies offered or sold. (Public Contract Code 22152) 2. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (Public Contract Code 22152) Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 3 of 9 a. Cash b. A cashier’s check made payable to SCSOS c. A certified check made payable to SCSOS d. A bidder’s bond executed by an admitted surety insurer and made payable to SCSOS The security of unsuccessful bidders shall be returned in a reasonable period of time, but in no event later than 60 days after the bid is awarded. (Public Contract Code 20111) 3. When a standardized proposal form is provided to SCSOS, bids not presented on the standard form shall be disregarded. (Public Contract Code 20111.5) 4. Bids shall not be accepted after the advertised bid opening time, regardless of whether the bids are actually opened at that time. (Public Contract Code 20112) 5. When two or more identical lowest or highest bids are received, the Board may determine by lot which bid shall be accepted. (Public Contact Code 20117) 6. If SCSOS requires that the bid include prices for items that may be added to or deducted from the scope of work in the contract, the bid solicitation shall specify which one of the following methods will be used to determine the lowest bid. In the absence of such a specification, only the method provided in item a below shall be used. (Public Contract Code 20103.8) a. The lowest bid shall be the lowest total of the bid prices on the base contract without consideration of the prices on the additive or deductive items. b. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 4 of 9 c. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that, when taken in order from a specifically identified list of those items in the solicitation, and added to or subtracted from the base contract, are less than or equal to a funding amount publicly disclosed by SCSOS before the first bid is opened. The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders or proposed subcontractors or suppliers from being revealed to SCSOS before the ranking or all bidders from lowest to highest has been determined. (Public Contract Code 20103.8) 7. Any subsequent change or alteration of a contract shall be governed by the provisions of Public Contract Code 20118.4. 8. After being opened, all submitted bids become public records pursuant to Government Code 6252 and shall be made available for review pursuant to law, Board policy, and administrative regulation. Alternative Bid Procedure for Technological Supplies and Equipment Rather than seek competitive bids, the Superintendent may use competitive negotiation when it makes a finding that SCSOS procurement is for computers, software, telecommunications equipment, microwave equipment, or other related electronic equipment and apparatus. Competitive negotiation shall not be used to contract for construction or for the procurement of any product that is available in substantial quantities to the general public. (Public Contract Code 20118.2) The competitive negotiation shall include, but is not limited to, the following requirements: (Public Contract Code 20118.2) 1. The Superintendent or designee shall prepare a request for proposals (RFP) that shall be submitted to an adequate number of qualified sources, as determined by SCSOS, to permit reasonable competition consistent with the nature and requirement of the procurement. 2. Notice of the RFP shall be published at least twice in a newspaper of general circulation, at least 10 days before the date for the receipt of the proposals. Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 5 of 9 3. The Superintendent or designee shall make every effort to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiation if only a single response to the RFP is received. 4. The RFP shall identify all significant evaluation factors, including price, and their relative importance. 5. The Superintendent or designee shall provide reasonable procedures for the technical evaluation of the RFPs received, the identification of qualified sources, and the selection for the award of the contract. 6. The Superintendent or designee shall award the contract to the qualified bidder whose proposal meets the evaluation standards and will be most advantageous to SCSOS with price and all other factors considered. 7. If the Superintendent or designee does not award the contract to the bidder whose proposal contains the lowest price, then the Superintendent shall make a finding setting forth the basis for the award. 8. The Superintendent, at its discretion, may reject all proposals and request new RFPs. 9. Provisions in any contract concerning utilization of small business enterprises that are in accordance with the RFP, shall not be subject to negation with the successful proposer. Bids Not Required Without advertising for bids and upon a determination that it is in the best interest of SCSOS, the Superintendent may authorize, by contract, lease, requisition, or purchase order, and other public corporation or agency to lease data-processing equipment or to purchase materials, supplies, equipment, automotive vehicles, tractors, and other personal property for SCSOS in the manner that the other public corporation or agency is authorized to make the leases or purchases form a vendor (“piggyback”). (Public Contract Code 20118) Alternatively, if there is an existing contract between a public corporation or agency and a vendor for the lease or purchase of personal property, SCSOS may authorize the lease or purchase of personal property directly from the vendor by contract, lease, Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 6 of 9 requisition, or purchase order and make payment to the vendor under the same terms that are available to the public corporation or agency under the contract. (Public Contract Code 20118) Supplementary textbooks, library books, education films, audiovisual materials, test materials, workbooks, instructional computer software packages, or periodicals may be purchased in any amount without taking estimates or advertising for bids. (Public Contract Code 20118.3) Perishable commodities, such as foodstuffs, needed in the operations of cafeterias may be purchased through bid or on the open market. (Education Code 38083) In an emergency when any repairs, alterations, work, or improvement to any school facility is necessary to permit the continuance of existing school classes or to avoid danger to life or property, the Board may, by unanimous vote and with the approval of SCSOS, contract for labor and materials or supplies without advertising for or inviting bids or may authorize the use of day labor or force account for the emergency purpose. (Public Contract Code 20113) Bids shall also not be required for day labor under circumstances specified in Public Contract Code 20114. Day labor shall include the use of maintenance personnel employed on a permanent or temporary basis. (Public Contract Code 20114) Sole Sourcing In any contract for the construction, alteration, or repair of school facilities, the Superintendent or designees shall not draft the bid specification in a manner that, either directly or indirectly, limits bidding to any one specific concern or calls for a designated material, product, thing, or service by a specific brand or trade name, unless the specification designating the specific material, product, thing, or particular brand name is followed by the words “or equal” so that bidders may furnish any equal material, product, thing, or service. In such cases, the bid specification shall provide a time period, before and/or after the award of the contract, for the contractor to submit data substantiating the request for substituting the designated material, product, thing, or service. If no such time period is specified, the contractor may submit the data within 35 days after the award of the contract. (Public Contract Code 3400) When the bid is for a roof project, a material, product, thing, or service is considered “equal” to the one designated if it is equal in quality, durability, design, and appearance; will perform the intended function equally well; and conforms substantially to detailed requirements in the bid specification. (Public Contract Code 3002) Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 7 of 9 However, the Superintendent or designee may designate a specific concern, material, product, thing, or service by brand or trade name (sole sourcing), if the Board has made a finding, described in the invitation for bids or RFP, that a particular material, product, thing, or service is designated for any of the following purposes: (Public Contract Code 3400) 1. To conduct a field test or experiment to determine its suitability for future use 2. To match others in use on a particular public improvement that has been completed or is in the course of completion 3. To obtain a necessary item that is only available from one source 4. To respond to the Board’s declaration of an emergency, as long as the declaration has been approved by four-fifths of the Board when issuing the invitation for bid or RFP Prequalification Procedure For any contract for which bids are legally required, the Superintendent may require that each prospective bidder complete and submit a standardized questionnaire and financial statement. For this purpose, the Superintendent or designee shall supply a form which requires a complete statement of the bidder’s financial ability and experience in performing public works. The information shall be verified under oath in the manner in which civil law pleadings are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection. (Public Contract Code 20111.5) Prospective bidders shall submit the questionnaire and financial statement at least five days before the date fixed for public opening of sealed bids. (Public Contract Code 20111.5) The Superintendent or designee shall establish a uniform system for rating bidders on the basis of completed questionnaires and financial statements in order to determine the size of contracts on which each bidder is qualified to bid. Bidders must be deemed prequalified by SCSOS at least one day before the fixed bid-opening date. (Public Contract Code 20111.5) Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 8 of 9 SCSOS may establish a procedure for prequalifying bidders on a quarterly basis and may authorize that prequalification be considered valid for up to one calendar year following the date of the initial prequalification. (Public Contract Code 20111.5) California Uniform Public Cost Accounting Protocol SCSOS is subject to the uniform construction accounting procedures set forth in Article 2 (Public Contract Code commencing with Section 22010) which states SCSOS shall enact an informal bidding ordinance to govern the selection of contractors to perform public projects pursuant to subdivision (b) of Section 22032. The ordinance shall include all of the following: 1. In November of each year, the SCSOS shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors list shall be determined by the commission. 2. All contractors on the list for the category of work being bid or all construction trade journals specified in Public Contract Code, Section 22036, or both all contractors on the list for the category of work being bid and all construction trade journals specified in Public Contract Code, Section 22036, shall be mailed a notice inviting informal bids unless the product or service is proprietary. 3. All mailing of notices to contractors and construction trade journals pursuant to subdivision (b) of Section 22032 shall be completed not less than 10 calendar days before bids are due. 4. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. 5. The Superintendent may delegate the authority to award informal contracts to the Assistant Superintendent of Business Services. 6. If all bids received are in excess of one hundred seventy-five thousand dollars ($175,000), the Board of the SCSOS may, by adoption of a resolution by a fourfifths vote, award the contract, at one hundred eighty-seven thousand five hundred dollars ($187,500) or less, to the lowest responsible bidder, if it determines the cost estimate of SCSOS was reasonable. Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 9 of 9 Protest by Bidders A bidder may protest a bid award if he/she believes that the award was inconsistent with Board policy, the bid’s specifications, or was not in compliance with law. A protest must be filed in writing with the Superintendent or designee within five working days after receipt or notification of the contract award. The bidder shall submit all documents supporting or justifying the protest. A bidder’s failure to file the protest documents in a timely manner shall constitute a waiver of his/her right to protest the award of the contract. The Superintendent or designee shall review the documents submitted with the bidder’s claims and render a decision in writing within 30 working days. The Superintendent or designee may also convene a meeting with the bidder in order to attempt to resolve the problem. The bidder may appeal the Superintendent or designee’s decision to the Board. The Superintendent or designee shall provide reasonable notice to the bidder of the time for Board consideration of the protest. The Board’s decision shall be final. Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education BP 3311 Page 1 of 3 Series 3000 – Business and Non-Instructional Operations Bids In order to ensure transparency and the prudent expenditure of public funds, Sutter County Superintendent of School (SCSOS) shall award contracts in an objective manner and in accordance with the law. SCSOS equipment, supplies, and services shall be purchased using competitive bidding when required by law or if the Superintendent determines that it is in the best interest of SCSOS to do so. When the Superintendent has determined that it is in the best interest of SCSOS, SCSOS may piggyback onto the contract of another public agency or corporation to lease or purchase equipment or supplies to the extent authorized by law. (Public Contract Code 20118) Bid specification shall be carefully designed and shall describe in detail the quality, delivery, and service required. To assist the SCSOS in determining whether bidders are responsible, the Superintendent may require prequalification procedures as allowed by law and specified in administrative regulation. The Uniform Public Construction Cost Accounting Act (UPCCAA) The Uniform Public Construction Cost Accounting Act (UPCCAA) allows SCSOS to follow its procedures to change both the dollar amount limitations and the advertising procedures ordinarily applicable in competitive bidding. Rather than the usual $15,000 bid limit for public projects applicable to Counties, under the Act, public works projects may be performed as follows: 1. Projects of $45,000 or less may be performed by force account, negotiated contract, or purchase order 2. Projects of $175,000 or less may be left to contract by so-called “informal bidding procedures” established in the Act 3. Projects of more than $175,000 remain subject to standard formal bidding procedures Existing law governing public contracts establishes procedures that public agencies, as defined, are required to follow when performing public works projects, and authorizes the governing body of the SCSOS to adopt a resolutions, by a 4/5 vote, to award the Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education BP 3311 Page 2 of 3 contract at $187,500 or less to the lowest responsible bidder when all informal bids on the public works project are in excess of $175,000. In electing to become subject to the Act, SCSOS must implement and adhere to detailed notice and accounting systems published in the Cost Accounting Policies and Procedures Manual published by the California Uniform Public Construction Cost Accounting Commission. LEGAL REFERENCE: Education Code 17595 Purchases through Department of General Services 38083 Purchase of perishable foodstuffs and seasonable commodities 38110 Purchase of supplies through county superintendent 38111 Purchases by County governing board 38112 Purchases of necessary supplies 39802 Transportation bids and contracts for services Government Code 4330-4334 Preference of California-made materials 6252 Definition of public record 53060 Special services and advice 54201-54205 Purchase of supplies and equipment by local agencies Public Contract Code 2000-2001 Responsive bidders 3002 Roofing projects Bids, specifications by brand or trade name not permitted 3400 3410 United States produce and processed foods 6610 Bid visits 12161 Definitions, recycled paper products 12168 Preference for purchase of recycled paper products 12169 Bidders to specify percentage of recycled paper product 12200 Definitions, recycled goods, materials and supplies 20103.8 Award of contracts 12210 Purchase of recycled products preferred 12213 Specification by bidder of recycled content 20103.8 Award of contracts 20107 Bidder's security 20111-20118.4 School County s 20189 Bidder's security, earthquake relief 22002 Definition of public project 22010 Uniform Construction Accounting Procedures 22030-22045 Alternative procedures for public projects (UPCCAA) 22050 Alternative emergency procedures Court Decisions Konica Business Machines v. Regents of the University of California, (1988) 206 Cal.App.3d 449 City of Inglewood-Los Angeles County Civic Center Authority v. Superior Court, (1972) 7 Cal.3d 861 Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education Management Resources: Web Sites CSBA: www.csba.org California Association of School Business Officials: www.casbo.org Sutter County Board of Education Adopted: BP 3311 Page 3 of 3 BB 9222 Page 1 of 1 Policies and Regulations Manual Sutter County Board of Education Series 9000 – Board Bylaws Resignation A Governing Board member who wishes to resign may do so by filing a written resignation with the Sutter County Superintendent of Schools. (Education Code 5090) The written resignation is effective when filed, except when a deferred effective date is specified in the resignation. (Education Code 5090) A Board member may not defer the effective date of his/her resignation for more than 60 days after filing. (Education Code 5091) A written resignation, whether specifying a deferred effective date or otherwise, shall be irrevocable upon being filed. (Education Code 5090) Upon resignation, the Board member may continue to exercise all his/her powers, save that of voting for a successor, until the effective date of resignation. (Education Code 35178) (cf. 9270 - Conflict of Interest) Legal Reference: EDUCATION CODE 5090 Definition (vacancy) 5091 Special Election 35178 Resignation with deferred effective date Policy Approved: Sutter County Board of Education Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 1 of 9 Series 3000 – Business and Non-Instructional Operations Advertised/Competitive Bids Sutter County Superintendent of Schools (SCSOS) shall seek competitive bids through advertisement for contracts involving an expenditure of $175,000 or more for a public project. Public project means construction, reconstruction, erection, alteration, renovation, improvement, painting, repainting, demolition, and repair work involving SCSOS owned, leased, or operated facility. (Public Contract Code 20111, 22002) The SCSOS shall also seek competitive bids through advertisement for contracts exceeding the amount specified in law, and as annually adjusted by the Superintendent of Public Instruction, for any of the following: (Public Contract Code 20111; Government Code 53060) 1. The purchase of equipment, materials, or supplies to be furnished, sold, or leased to the County 2. Services, not including construction services or special services and advice in accounting, financial, legal, or administrative matters 3. Repairs, including maintenance that is not a public project Maintenance means routine, recurring, and usual work for preserving, protecting, and keeping any SCSOS facility operating in a safe, efficient, and continually usable condition for the intended purpose for which it was designed, improved, constructed, altered, or repaired. Maintenance includes, but is not limited to, carpentry, electrical, plumbing, glazing, and other craft work designed to preserve the facility, as well as repairs, cleaning, and other operations on machinery and other permanently attached equipment. This definition does not include, among other types or work, janitorial or custodial services and protection provided by a security forces, nor does it include painting, repainting, or decorating other than touchup. (Public Contract Code 20115) Unless otherwise authorized by law, contracts shall be let to the lowest responsible bidder who shall give such security as the Governing Board requires, or else all bids shall be rejected. (Public Contract Code 20111) When letting a contract for the procurement and/or maintenance of electronic data processing systems and supporting software, the Board may contract with any one of the three lowest responsible bidders. (Public Contract Code 20118.1) Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 2 of 9 The Board shall secure bids pursuant to Public Contract Code 20111 and 20112 for any transportation service expenditure more than $10,000 when contemplating that such a contract may be made with a person or corporation other than a common carrier, municipally owned transit system, or a parent/guardian of students who are to be transported. The Board may let this contract to other than the lowest bidder. (Education Code 39802) No work, project, services, or purchase shall be split or separated into smaller work orders or projects for the purpose of evading the legal requirements of Public Contract Code 20111-20118.4 for contracting after competitive bidding. (Public Contract Code 20116) Instructions and Procedures for Advertised Bids The Superintendent or designee shall call for bids by placing a notice at least once a week for two weeks in a local newspaper or general circulation published in the County, or if no such newspaper exists, then in some newspaper of general circulation, circulated in the county. The Superintendent or designee also may post the notice on the County’s website or through an electronic portal. The notice shall state the work to be done or materials or supplies to be furnished and the time and place and website where bids will be opened. SCSOS may accept a bid that has been submitted electronically or on paper. (Public Contract Code 20112) The notice shall contain the time, date, and location of any mandatory pre-bid conference, site visit, or meeting. The notice shall also detail when and where project documents, including final plan and specifications, are available. Any such mandatory visit or meeting shall not occur within a minimum of five calendar days of the publication of the initial notice. (Public Contract Code 6610) Bid instructions and specifications shall include the following requirements and information: 1. All bidders shall certify the minimum, if not exact, percentage of post-consumer materials in products, materials, goods, or supplies offered or sold. (Public Contract Code 22152) 2. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (Public Contract Code 22152) Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 3 of 9 a. Cash b. A cashier’s check made payable to SCSOS c. A certified check made payable to SCSOS d. A bidder’s bond executed by an admitted surety insurer and made payable to SCSOS The security of unsuccessful bidders shall be returned in a reasonable period of time, but in no event later than 60 days after the bid is awarded. (Public Contract Code 20111) 3. When a standardized proposal form is provided to SCSOS, bids not presented on the standard form shall be disregarded. (Public Contract Code 20111.5) 4. Bids shall not be accepted after the advertised bid opening time, regardless of whether the bids are actually opened at that time. (Public Contract Code 20112) 5. When two or more identical lowest or highest bids are received, the Board may determine by lot which bid shall be accepted. (Public Contact Code 20117) 6. If SCSOS requires that the bid include prices for items that may be added to or deducted from the scope of work in the contract, the bid solicitation shall specify which one of the following methods will be used to determine the lowest bid. In the absence of such a specification, only the method provided in item a below shall be used. (Public Contract Code 20103.8) a. The lowest bid shall be the lowest total of the bid prices on the base contract without consideration of the prices on the additive or deductive items. b. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 4 of 9 c. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that, when taken in order from a specifically identified list of those items in the solicitation, and added to or subtracted from the base contract, are less than or equal to a funding amount publicly disclosed by SCSOS before the first bid is opened. The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders or proposed subcontractors or suppliers from being revealed to SCSOS before the ranking or all bidders from lowest to highest has been determined. (Public Contract Code 20103.8) 7. Any subsequent change or alteration of a contract shall be governed by the provisions of Public Contract Code 20118.4. 8. After being opened, all submitted bids become public records pursuant to Government Code 6252 and shall be made available for review pursuant to law, Board policy, and administrative regulation. Alternative Bid Procedure for Technological Supplies and Equipment Rather than seek competitive bids, the Superintendent may use competitive negotiation when it makes a finding that SCSOS procurement is for computers, software, telecommunications equipment, microwave equipment, or other related electronic equipment and apparatus. Competitive negotiation shall not be used to contract for construction or for the procurement of any product that is available in substantial quantities to the general public. (Public Contract Code 20118.2) The competitive negotiation shall include, but is not limited to, the following requirements: (Public Contract Code 20118.2) 1. The Superintendent or designee shall prepare a request for proposals (RFP) that shall be submitted to an adequate number of qualified sources, as determined by SCSOS, to permit reasonable competition consistent with the nature and requirement of the procurement. 2. Notice of the RFP shall be published at least twice in a newspaper of general circulation, at least 10 days before the date for the receipt of the proposals. Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 5 of 9 3. The Superintendent or designee shall make every effort to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiation if only a single response to the RFP is received. 4. The RFP shall identify all significant evaluation factors, including price, and their relative importance. 5. The Superintendent or designee shall provide reasonable procedures for the technical evaluation of the RFPs received, the identification of qualified sources, and the selection for the award of the contract. 6. The Superintendent or designee shall award the contract to the qualified bidder whose proposal meets the evaluation standards and will be most advantageous to SCSOS with price and all other factors considered. 7. If the Superintendent or designee does not award the contract to the bidder whose proposal contains the lowest price, then the Superintendent shall make a finding setting forth the basis for the award. 8. The Superintendent, at its discretion, may reject all proposals and request new RFPs. 9. Provisions in any contract concerning utilization of small business enterprises that are in accordance with the RFP, shall not be subject to negation with the successful proposer. Bids Not Required Without advertising for bids and upon a determination that it is in the best interest of SCSOS, the Superintendent may authorize, by contract, lease, requisition, or purchase order, and other public corporation or agency to lease data-processing equipment or to purchase materials, supplies, equipment, automotive vehicles, tractors, and other personal property for SCSOS in the manner that the other public corporation or agency is authorized to make the leases or purchases form a vendor (“piggyback”). (Public Contract Code 20118) Alternatively, if there is an existing contract between a public corporation or agency and a vendor for the lease or purchase of personal property, SCSOS may authorize the lease or purchase of personal property directly from the vendor by contract, lease, Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 6 of 9 requisition, or purchase order and make payment to the vendor under the same terms that are available to the public corporation or agency under the contract. (Public Contract Code 20118) Supplementary textbooks, library books, education films, audiovisual materials, test materials, workbooks, instructional computer software packages, or periodicals may be purchased in any amount without taking estimates or advertising for bids. (Public Contract Code 20118.3) Perishable commodities, such as foodstuffs, needed in the operations of cafeterias may be purchased through bid or on the open market. (Education Code 38083) In an emergency when any repairs, alterations, work, or improvement to any school facility is necessary to permit the continuance of existing school classes or to avoid danger to life or property, the Board may, by unanimous vote and with the approval of SCSOS, contract for labor and materials or supplies without advertising for or inviting bids or may authorize the use of day labor or force account for the emergency purpose. (Public Contract Code 20113) Bids shall also not be required for day labor under circumstances specified in Public Contract Code 20114. Day labor shall include the use of maintenance personnel employed on a permanent or temporary basis. (Public Contract Code 20114) Sole Sourcing In any contract for the construction, alteration, or repair of school facilities, the Superintendent or designees shall not draft the bid specification in a manner that, either directly or indirectly, limits bidding to any one specific concern or calls for a designated material, product, thing, or service by a specific brand or trade name, unless the specification designating the specific material, product, thing, or particular brand name is followed by the words “or equal” so that bidders may furnish any equal material, product, thing, or service. In such cases, the bid specification shall provide a time period, before and/or after the award of the contract, for the contractor to submit data substantiating the request for substituting the designated material, product, thing, or service. If no such time period is specified, the contractor may submit the data within 35 days after the award of the contract. (Public Contract Code 3400) When the bid is for a roof project, a material, product, thing, or service is considered “equal” to the one designated if it is equal in quality, durability, design, and appearance; will perform the intended function equally well; and conforms substantially to detailed requirements in the bid specification. (Public Contract Code 3002) Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 7 of 9 However, the Superintendent or designee may designate a specific concern, material, product, thing, or service by brand or trade name (sole sourcing), if the Board has made a finding, described in the invitation for bids or RFP, that a particular material, product, thing, or service is designated for any of the following purposes: (Public Contract Code 3400) 1. To conduct a field test or experiment to determine its suitability for future use 2. To match others in use on a particular public improvement that has been completed or is in the course of completion 3. To obtain a necessary item that is only available from one source 4. To respond to the Board’s declaration of an emergency, as long as the declaration has been approved by four-fifths of the Board when issuing the invitation for bid or RFP Prequalification Procedure For any contract for which bids are legally required, the Superintendent may require that each prospective bidder complete and submit a standardized questionnaire and financial statement. For this purpose, the Superintendent or designee shall supply a form which requires a complete statement of the bidder’s financial ability and experience in performing public works. The information shall be verified under oath in the manner in which civil law pleadings are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection. (Public Contract Code 20111.5) Prospective bidders shall submit the questionnaire and financial statement at least five days before the date fixed for public opening of sealed bids. (Public Contract Code 20111.5) The Superintendent or designee shall establish a uniform system for rating bidders on the basis of completed questionnaires and financial statements in order to determine the size of contracts on which each bidder is qualified to bid. Bidders must be deemed prequalified by SCSOS at least one day before the fixed bid-opening date. (Public Contract Code 20111.5) Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 8 of 9 SCSOS may establish a procedure for prequalifying bidders on a quarterly basis and may authorize that prequalification be considered valid for up to one calendar year following the date of the initial prequalification. (Public Contract Code 20111.5) California Uniform Public Cost Accounting Protocol SCSOS is subject to the uniform construction accounting procedures set forth in Article 2 (Public Contract Code commencing with Section 22010) which states SCSOS shall enact an informal bidding ordinance to govern the selection of contractors to perform public projects pursuant to subdivision (b) of Section 22032. The ordinance shall include all of the following: 1. In November of each year, the SCSOS shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors list shall be determined by the commission. 2. All contractors on the list for the category of work being bid or all construction trade journals specified in Public Contract Code, Section 22036, or both all contractors on the list for the category of work being bid and all construction trade journals specified in Public Contract Code, Section 22036, shall be mailed a notice inviting informal bids unless the product or service is proprietary. 3. All mailing of notices to contractors and construction trade journals pursuant to subdivision (b) of Section 22032 shall be completed not less than 10 calendar days before bids are due. 4. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. 5. The Superintendent may delegate the authority to award informal contracts to the Assistant Superintendent of Business Services. 6. If all bids received are in excess of one hundred seventy-five thousand dollars ($175,000), the Board of the SCSOS may, by adoption of a resolution by a fourfifths vote, award the contract, at one hundred eighty-seven thousand five hundred dollars ($187,500) or less, to the lowest responsible bidder, if it determines the cost estimate of SCSOS was reasonable. Sutter County Board of Education Adopted: Policies and Regulations Manual Sutter County Board of Education AR 3311 Page 9 of 9 Protest by Bidders A bidder may protest a bid award if he/she believes that the award was inconsistent with Board policy, the bid’s specifications, or was not in compliance with law. A protest must be filed in writing with the Superintendent or designee within five working days after receipt or notification of the contract award. The bidder shall submit all documents supporting or justifying the protest. A bidder’s failure to file the protest documents in a timely manner shall constitute a waiver of his/her right to protest the award of the contract. The Superintendent or designee shall review the documents submitted with the bidder’s claims and render a decision in writing within 30 working days. The Superintendent or designee may also convene a meeting with the bidder in order to attempt to resolve the problem. The bidder may appeal the Superintendent or designee’s decision to the Board. The Superintendent or designee shall provide reasonable notice to the bidder of the time for Board consideration of the protest. The Board’s decision shall be final. Sutter County Board of Education Adopted: Agenda Item No. 14.0 BOARD AGENDA ITEM: Quarterly Surplus Report – August – October 2014 BOARD MEETING DATE: AGENDA ITEM SUBMITTED FOR: Action X November 12, 2014 PREPARED BY: Jay VanDuzer SUBMITTED BY: Reports/Presentation Jay VanDuzer Information PRESENTING TO BOARD: Public Hearing Gail Atwoood Other (specify) BACKGROUND AND SUMMARY INFORMATION: In accordance with Board Policy 3270, the County Superintendent of Schools prepares and presents a quarterly report to the Board of items under $25,000 in value that are being declared surplus. Please include 18 copies of any background material you wish included in the packet. Agenda Item No. SUBJECT: 15.1 Donations – October 2014 BOARD MEETING DATE: November 12, 2014 AGENDA ITEM SUBMITTED FOR: PREPARED BY: Action Lisa Richardson Reports/Presentations X Information SUBMITTED BY: Public Hearing Gail Atwood Other (specify) PRESENTING TO BOARD: Gail Atwood BACKGROUND AND SUMMARY INFORMATION: DONOR VALUE TOTAL Total donations – Cash Total donations – Value Total donations PURPOSE $-0- 14/15 Year Current Period To Date $538.82 $5,236.59 $5,775.41 $-0$-0$-0- $538.82 $5,236.59 $5,775.41 Please include 18 copies of any background material you wish included in the packet. Agenda Item No. BOARD AGENDA ITEM: BOARD MEETING DATE: Business Services Report November 12, 2014 AGENDA ITEM SUBMITTED FOR: PREPARED BY: Action Reports/Presentation X Whitney Hardison SUBMITTED BY: Information Public Hearing 16.1 Barbara Henderson PRESENTING TO BOARD: Other (specify) Barbara Henderson BACKGROUND AND SUMMARY INFORMATION: The monthly financial report for October 2014 will be reviewed. Please include 18 copies of any background material you wish included in the packet. Summary Report of Revenues, Expenditures and Changes in Fund Balance (Unrestricted and Restricted Combined) October 2014 Description Account Codes Original Budget Operating Budget Actuals to Date Projected Yr Totals Difference (Col D - B) 7/1/14 (A) 9/15/14 (B) 10/15/14 (C) 10/15/14 (D) (E) 2014-15 % Actuals as a % of Budget A. Revenues 1) Local Control Funding Formula 2) Federal Revenues 3) Other State Revenues 4) Other Local Revenues 8010-8099 8100-8299 8300-8599 8600-8799 TOTAL REVENUES B. Expenditures 1. Certificated Salaries 2. Classified Salaries 3. Employee Benefits 4. Books and Supplies 5. Services, Other Operation 6. Capital Outlay 7. Other Outgo 8. Direct Support/Indirect 9. Debt Service 1000-1999 2000-2999 3000-3999 4000-4999 5000-5999 6000-6999 7100-7299 7300-7399 7400-7499 TOTAL EXPENDITURES $ $ $ $ 9,415,759 3,333,672 8,273,572 6,765,187 $ 27,788,190 $ $ $ $ $ $ $ $ $ 7,008,884 7,972,075 4,711,138 857,865 5,691,021 81,952 293,135 (17,373) 304,082 $ $ $ $ 9,415,759 3,632,813 8,283,315 7,030,469 $ 1,646,230 $ 227,079 $ 1,816,395 $ 326,301 $ $ $ $ $ 28,362,356 $ 4,016,005 $ 28,399,229 $ $ $ $ $ $ $ $ $ $ 1,491,138 $ 1,896,101 $ 1,062,565 $ 301,401 $ 638,926 $ 31,518 $ (34) $ (1,448) $ 142,041 $ $ $ $ $ $ $ $ $ $ 27,721,545 $ 5,562,208 $ 28,311,454 $ (1,546,203) $ 6,896,427 8,240,094 4,674,070 908,117 5,981,454 230,508 504,155 (17,363) 304,083 9,415,759 3,625,970 8,316,611 7,040,889 (6,843) 33,296 10,420 $ 7,497,338 8,652,249 4,871,433 935,274 5,281,576 303,946 483,336 (17,781) 304,083 36,873 600,911 412,155 197,363 27,157 (699,878) 73,438 (20,819) (418) - $ 26,902,779 $ 885,411 $ 640,811 $ $ $ 178,759 247,836 - $ $ $ 215,953 1,247,836 - $ $ $ 33,575 50,000 - $ 221,264 $ 1,255,608 $ - $ (69,077) $ (1,031,883) $ (16,425) $ (1,034,344) $ (2,461) E. Net Change to Fund Balance $ 816,334 $ (391,072) $ (1,562,628) $ $ (555,497) F. Fund Balance (Fund 01 only) 1. Beginning Balance 2. Adjustments/Restatements $ 10,434,951 $ - $ 10,434,951 $ - $ 10,434,951 $ - $ 10,434,951 $ - $ 11,251,285 $ 10,043,879 $ 8,872,323 $ 9,488,382 $ $ $ $ $ $ 10,000 2,446,972 7,449,175 1,345,138 - 10,000 150,777 8,428,564 282,981 - $ 10,000 $ 2,407,593 $ 5,630,424 $ 1,440,365 $ - $ $ $ $ $ Excess ( Deficiency) of Revenues Over Expenditures Before Other Financing Sources and Uses (A5-B9) D. Other Financing Sources/Uses 1. Transfers In 8910-8979 2. Transfer Out 7610-7629 3. Contributions 8980-8999 Total, Other Fin Sources/Uses Ending Balance G. Components of Ending Fund Balance Designated Amounts 9711-9730 Legally Restricted 9740-9760 Assigned 9780 Restricted Economic Uncertainty 9789 Unassigned/Unappropriated 9790 $ $ $ $ $ 10,000 2,412,136 6,211,390 1,410,353 - 87,775 (946,569) A B C D 14.1% E F G H I J K L M 589,909 $ (553,036) 5,311 N 7,772 O P - (555,497) - 17.5% 6.3% 21.9% 4.6% 21.6% 23.0% 22.7% 33.2% 10.7% 13.7% 0.0% 8.3% 46.7% 20.1% -1761.6% 15.5% 4.0% 0.0% 1.6% Explanation of Differences Net Change in Current Year Budget OCTOBER 2014 Amount A B C $ - Regional Occupation Program (ROP) $ (7,819) Special Education Local Plan Area (SELPA) $ Federal Revenues (8100-8299) E F 976 Decrease in Carl Perkins award Adjust Special Education Early Intervention Grant to match award $ (6,843) $ 33,296 $ 33,296 Special Education $ 4,122 Increase projected revenue for Vision Screening Shady Creek Outdoor School $ 5,311 Increase projected sales for the year Various departments $ 987 $ 10,420 County Office $ 8,471 Adjust salary for staff Special Education $ 509,314 Adjust salary for staff Educational Services (ES) $ 74,029 Adjust salary for staff Student Support Services $ 8,556 Adjust salary for staff Regional Occupation Program (ROP) $ 541 Adjust salary for staff $ 600,911 County Office $ 174,589 Adjust salary for staff Special Education $ 166,880 Adjust salary for staff Educational Services (ES) $ 2,484 Adjust salary for staff Shady Creek Outdoor School $ 16,006 Adjust salary for staff Student Support Services $ 1,596 Adjust salary for staff Regional Occupation Program (ROP) $ 32,353 Adjust salary for staff Medi-Cal Administrative Activities (MAA) $ 18,746 Adjust salary for staff Various departments $ Other State Revenues (8300-8599) Regional Occupation Program (ROP) D Explanation of Differences Local Control Funding Formula (8010-8099) Increase projections for Calworks Award Other Local Revenues (8600-8799) Net miscellaneous adjustments Certificated Salaries (1000-1999) Classified Salaries (2000-2999) $ (499) 412,155 Net miscellaneous adjustments Explanation of Differences Net Change in Current Year Budget OCTOBER 2014 Amount G H I Explanation of Differences Employee Benefits (3000-3999) County Office $ 45,988 Refine benefits costs to match salary increases Special Education $ 120,219 Refine benefits costs to match salary increases Educational Services (ES) $ 13,299 Refine benefits costs to match salary increases Shady Creek Outdoor School $ 5,614 Refine benefits costs to match salary increases Student Support Services $ 2,111 Refine benefits costs to match salary increases Regional Occupation Program (ROP) $ 6,516 Refine benefits costs to match salary increases Medi-Cal Administrative Activities (MAA) $ 3,656 Refine benefits costs to match salary increases Various departments $ (40) Net miscellaneous adjustments $ 197,363 Special Education $ 13,236 One Stop $ 1,248 Books and supplies for WIA participants Educational Services (ES) $ 11,379 Increase ES supplies budget for training Various departments $ 1,294 $ 27,157 Services, Other Operations (5000-5999) County Office $ 16,760 Special Education $ (842,560) One Stop $ 25,000 Educational Services (ES) $ 4,572 Medi-Cal Administrative Activities (MAA) $ 96,350 $ (699,878) Books and Supplies (4000-4999) Purchase of Speech supplies such as IPad, QuickTalker, and other electronics using Medical funds Miscellaneous adjustments Increase projections for QCC staff training Removed set aside budgets to fund salary and benefit changes and benefit rate changes for all special education staff Capturing Kids Hearts training Budget expenditures for Title III - LEP Contracting with new vendor PCG (Public Consulting Group) to run the new software for the MAA program mandated by the State $64,600. And new contract with Stanislaus County for invoicing services . Explanation of Differences Net Change in Current Year Budget OCTOBER 2014 Explanation of Differences Amount J Capital Outlay (6000-6999) Special Education Local Plan Area (SELPA) Various departments K N $ 73,438 $ (20,819) $ (20,819) $ (418) $ (418) Miscellaneous adjustments Remove carryover for Carl Perkins grant $7,819 and decrease Prop 20 lottery transfers to districts $13,000 Miscellaneous adjustments $ - $ 5,311 $ 5,311 $ 7,772 $ 7,772 $ - Transfers In (8910-8979) Increase interfund transfers from Enterprise Fund Transfers Out (7610-7629) Shady Creek P 61 Debt Services (7400 - 7499) Shady Creek O $ Direct Support / Indirect (7300-7399) Various departments M 73,377 Other Outgo (7100 - 7299) Regional Occupation Program (ROP) L $ Projecting 14-15 Special Education classroom projects at Lincrest School, Live Oak Unified, Sutter High School and River Valley High School Contributions (8980-8999) Net Change in Current Year Budget $ (555,497) Interfund transfer to Cafeteria Fund for salary adjustments Agenda Item No. BOARD AGENDA ITEM: 16.2 Investment Statements BOARD MEETING DATE November 12, 2014 AGENDA ITEM SUBMITTED FOR: PREPARED BY: Action Reports/Presentation X Gail Atwood SUBMITTED BY: Information Public Hearing Gail Atwood PRESENTING TO BOARD: Other (specify) Gail Atwood BACKGROUND AND SUMMARY INFORMATION: The Investment Statement for September 30, 2014 from the County Treasurer will be presented. Please include 18 copies of any background material you wish included in the packet. Agenda Item No. BOARD AGENDA ITEM: Sutter County Board of Education DRAFT 2015 Calendar BOARD MEETING DATE: AGENDA ITEM SUBMITTED FOR: Action Reports/Presentation X Information Public Hearing Other (specify) November 12, 2014 PREPARED BY: Cindy Stassi SUBMITTED BY: Bill Cornelius PRESENTING TO BOARD: Bill Cornelius BACKGROUND AND SUMMARY INFORMATION: Review of draft Sutter County Board of Education Calendar before adoption at the December 10, 2014, Reorganization Meeting. Please include 18 copies of any background material you wish included in the packet. 17.2 Sutter County Board of Education Calendar 2015 Below is the 2015 calendar for the Sutter County Board of Education meetings (2nd Wednesday of the Month with the exception of June). Also listed are the due dates for agenda items and all support materials. Items received after the due date will be placed on the following month’s agenda. Location: Sutter County Superintendent of Schools Office 970 Klamath Lane ▪ Yuba City, CA 95993 North/South Board Room Board President: Board Vice President: Month January February March April May Meeting Date Wednesday, January 14, 2015 Wednesday, February 11, 2015 Wednesday, March 11, 2015 Wednesday, April 8, 2015 Wednesday, May 13, 2015 Wednesday, June 17, 2015 June 3rd Wednesday (Budget) July Wednesday, July 8, 2015 August Wednesday, August 12, 2015 September Wednesday, September 9, 2015 October Wednesday, October 14, 2015 November Wednesday, November 11, 2015 December Wednesday, December 9, 2015 Time 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. Monday, January 5, 2015 Monday, February 2, 2015 Monday, March 2, 2015 Monday, March 30, 2015 Monday, May 4, 2015 5:30 p.m. Monday, June 8, 2015 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. Monday, June 29, 2015 Monday, August 3, 2015 Monday, August 31, 2015 Monday, October 5, 2015 Monday, November 2, 2015 Monday, November 30, 2015 DRAFT Adopted: Agenda Items Due
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